Question 1

The division of power among the executive,legislative and judicial branches of government is typically referred to as

Accepted Answer

A)  federalism
B)  judicial review
C)  separation of powers
D)  the Supremacy clause C

Question 2

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

Accepted Answer

A)  That the law was validly enacted under the authority of the due process clause of the U.S. Constitution.
B)  That the law was validly enacted under the authority of the equal protection clause of the U.S. Constitution.
C)  That the law was not valid because it discriminated against men.
D)  That the law was not valid because Congress exceeded its authority under the Commerce Clause of the U.S.Constitution. D

Question 3

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

Accepted Answer

A)  Fifth
B)  Tenth
C)  Eleventh
D)  Fourteenth D

Question 4

Fact pattern 4-1
Martin is a legal secretary for Allison,a partner in a large law firm in Knoxville.Allison finds Martin quite annoying.The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard.Allison fires Martin on the spot.Martin tells Allison that he has been studying constitutional law and that she is guilty of violating not only his due process rights but his equal protection rights as well.Martin says that he was entitled to a hearing before any disciplinary action was taken and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best.Martin says that he is filing suit tomorrow.
-Refer to fact pattern 4-1.Which of the following is rue regarding Martin's ability to win on a claim alleging violation of the equal protection clause of the fourteenth amendment to the U.S.Constitution?

Accepted Answer

A)  Martin will lose.
B)  Martin will lose only if other female secretaries have been fired under similar circumstances.
C)  Martin will lose only if other female and male secretaries have been fired under similar circumstances.
D)  Whether Martin will lose or win depends on whether the judge decides to apply a rational basis test or a strict scrutiny test to his claims.

Question 5

The U.S.Supreme Court held the line-item veto to be unconstitutional because it violated

Accepted Answer

A)  due process
B)  federalism
C)  separation of powers
D)  sovereign immunity

Question 6

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out of state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Accepted Answer

The answer of State X has passed legislation to limit...

Question 7

The process whereby citizens in some states can initiate change on their own without going through their elected representatives is called a(n):

Accepted Answer

A)  Initiative process
B)  Due process procedure
C)  Inventive process
D)  Public policy procedure

Question 8

Which of the following is not considered in analyzing the First Amendment right of free speech?

Accepted Answer

A)  The time,place and manner of the speech.
B)  The clear and present danger of the speech.
C)  The requirement that the regulation constitute the least restrictive means available under the First Amendment Legal Protection Act passed by Congress.
D)  The obscene nature of speech.

Question 9

In the U.S.racist speech is unprotected by the First Amendment.

Accepted Answer

A) True 
 B)False

Question 10

The right to privacy has been interpreted to be a fundamental right.

Accepted Answer

A) True 
 B)False

Question 11

State X has just passed a law requiring all state universities to adjust their admissions criteria so that the student body reflects the racial make-up of the state population as a whole.Phil is an otherwise qualified student who has been denied admission under the new criteria.What constitutional arguments can Phil raise to seek admission? How would the court most likely decide the case and why? Discuss.

Accepted Answer

The answer of State X has just passed a law...

Question 12

Under the doctrine of _____________,the federal government has certain powers while other powers are inherently in the domain of the states.

Accepted Answer

A)  due process
B)  equal protection
C)  federalism
D)  separation of powers

Question 13

Under Supreme Court rulings,the protections granted in the Bill of Rights are applied to the States by the ________ Amendment.

Accepted Answer

A)  Tenth
B)  Eleventh
C)  Thirteenth
D)  Fourteenth

Question 14

Which of the following is $\underline{not}$ one of the three branches of government?

Accepted Answer

A)  The legislative branch
B)  The judicial branch
C)  The representative branch
D)  The executive branch

Question 15

The Fifth Amendment does not contain the

Accepted Answer

A)  self incrimination provision
B)  grand jury requirement
C)  jury trial requirement
D)  double jeopardy prohibition

Question 16

Congress can override a president's veto by a _________ vote of both the House of Representatives and the Senate.

Accepted Answer

A)  majority
B)  two-thirds
C)  three-quarters
D)  unanimous

Question 17

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Accepted Answer

A) True 
 B)False

Question 18

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

Accepted Answer

A)  Supremacy
B)  Federalization
C)  Legalism
D)  Preemption

Question 19

The U.S.Supreme Court upheld a federal law banning guns near schools as being within Congress's power under the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 20

Fact pattern 4-3
Polly owns restaurant which seats 50 people.She just learns of a newly enacted city law in her jurisdiction requiring that all restaurants,but not other businesses,pay a special tax allocated to the health department to be used for inspections of restaurants.She also learned that Frank,the local mayor who recently went through a nasty divorce,was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men.Polly is angry about both laws and wants to take action to have them struck down.
-Refer to fact pattern 4-3.Which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

Accepted Answer

A)  That under the rational basis test,inspections by the health department are needed in order to guard against food-borne illnesses.
B)  That under the strict scrutiny test,restaurants should be expected to pay certain fees because they are a non-essential service.
C)  That under the intermediate-level scrutiny test restaurants should be expected to pay certain fees because products used in interstate commerce are invariably involved.
D)  The city does not have a good argument because there is no justification for the distinction under the intermediate-level scrutiny test.

Exam 4: Constitutional bases for business regulation

The division of power among the executive,legislative and judicial branches of government is typically referred to as

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

The U.S.Supreme Court held the line-item veto to be unconstitutional because it violated

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out of state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

The process whereby citizens in some states can initiate change on their own without going through their elected representatives is called a(n) :

Which of the following is not considered in analyzing the First Amendment right of free speech?

In the U.S.racist speech is unprotected by the First Amendment.

The right to privacy has been interpreted to be a fundamental right.

Under the doctrine of _____________,the federal government has certain powers while other powers are inherently in the domain of the states.

Under Supreme Court rulings,the protections granted in the Bill of Rights are applied to the States by the ________ Amendment.

Which of the following is $\underline{not}$ one of the three branches of government?

The Fifth Amendment does not contain the

Congress can override a president's veto by a _________ vote of both the House of Representatives and the Senate.

The doctrine of federalism serves to allocate power between the federal government and government by the states.

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

The U.S.Supreme Court upheld a federal law banning guns near schools as being within Congress's power under the Commerce Clause.

Exam 4: Constitutional bases for business regulation

The division of power among the executive,legislative and judicial branches of government is typically referred to as

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

The U.S.Supreme Court held the line-item veto to be unconstitutional because it violated

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out of state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

The process whereby citizens in some states can initiate change on their own without going through their elected representatives is called a(n) :

Which of the following is not considered in analyzing the First Amendment right of free speech?

In the U.S.racist speech is unprotected by the First Amendment.

The right to privacy has been interpreted to be a fundamental right.

Under the doctrine of _____________,the federal government has certain powers while other powers are inherently in the domain of the states.

Under Supreme Court rulings,the protections granted in the Bill of Rights are applied to the States by the ________ Amendment.

Which of the following is not‾\underline{not}not​ one of the three branches of government?

The Fifth Amendment does not contain the

Congress can override a president's veto by a _________ vote of both the House of Representatives and the Senate.

The doctrine of federalism serves to allocate power between the federal government and government by the states.

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

The U.S.Supreme Court upheld a federal law banning guns near schools as being within Congress's power under the Commerce Clause.

Which of the following is $\underline{not}$ one of the three branches of government?