Question 1

53. In the case of , Chief Justice Marshall stated, "This great principle is, that the Constitution and the laws made in
Pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them."

Accepted Answer

A)  McCulloch v. Maryland 
B)  Marbury v. Madison 
C)  Shelley v. Kraemer 
D)  Marsh v. Alabama

Question 2

The Fourteenth Amendment restricts the power of states to tax.

Accepted Answer

A) True 
 B)False

Question 3

The U.S. Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

Accepted Answer

A)  only the channels of interstate commerce. 
B)  the channels and instrumentalities of interstate commerce, as well as those activities having a substantial relation to interstate commerce. 
C)  only the instrumentalities of interstate commerce. 
D)  only the channels and instrumentalities of interstate commerce.

Question 4

The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 5

According to the U.S. Constitution, the federal government is a government of enumerated, or limited, powers, and a specified power must authorize each of its acts.

Accepted Answer

A) True 
 B)False

Question 6

The Supreme Court, in Jackson v. Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.

Accepted Answer

A) True 
 B)False

Question 7

According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is:

Accepted Answer

A)  separation of powers. 
B)  supremacy. 
C)  preemption. 
D)  federalism.

Question 8

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

Accepted Answer

A)  Where social security benefits are denied. 
B)  Where a juvenile criminal is sent to a detention home. 
C)  Where a professor is fired from his tenured position. 
D)  Where a college student is denied a private scholarship.

Question 9

Because defamation involves a communication, the protection extended to speech by the Amendment applies.

Accepted Answer

A)  Fourth 
B)  Fifth 
C)  First 
D)  Fourteenth

Question 10

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection
Clause.

Accepted Answer

A) True 
 B)False

Question 11

Judicial review is another phrase for an appeal of a lower court's judgment.

Accepted Answer

A) True 
 B)False

Question 12

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly.

Accepted Answer

A) True 
 B)False

Question 13

A classification based on gender or "legitimacy" for a governmental action:

Accepted Answer

A)  does not need to bear a substantial relationship to an important governmental objective. 
B)  eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test. 
C)  does not allow taking into legislative consideration the natural physical differences of gender. 
D)  requires that men and women be treated exactly the same with regard to governmental action.

Question 14

In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

Accepted Answer

A) True 
 B)False

Question 15

A state constitutional provision conflicts with a valid federal statute. Under the Supremacy Clause:

Accepted Answer

A)  the federal statute is supreme. 
B)  the state constitutional provision is supreme. 
C)  the federal statute is supreme if Congress has expressly so provided. 
D)  the state constitutional provision is supreme if it expressly so states.

Question 16

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

Accepted Answer

A) True 
 B)False

Question 17

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

Accepted Answer

A) True 
 B)False

Question 18

The Bill of Rights restricts the power and authority of the federal government.

Accepted Answer

A) True 
 B)False

Question 19

States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.

Accepted Answer

A) True 
 B)False

Question 20

Most forms of speech are protected by the strict or exacting scrutiny standard.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

₅₃_._I_n_th_e_cas_e_of _,_Chie_f_Justic_e_Marshal_l_stated_,_"Thi_s_grea_t_principl_e_is_,_tha_t_th_e_Constitutio_n_an_d_th_e_law_s_mad_e_in Pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them."

The Fourteenth Amendment restricts the power of states to tax.

The U.S. Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.

According to the U.S. Constitution, the federal government is a government of enumerated, or limited, powers, and a specified power must authorize each of its acts.

The Supreme Court, in Jackson v. Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.

According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is:

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

Because defamation involves a communication, the protection extended to speech by the Amendment applies.

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.

Judicial review is another phrase for an appeal of a lower court's judgment.

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly.

A classification based on gender or "legitimacy" for a governmental action:

In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

A state constitutional provision conflicts with a valid federal statute. Under the Supremacy Clause:

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

The Bill of Rights restricts the power and authority of the federal government.

States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.

Most forms of speech are protected by the strict or exacting scrutiny standard.

Exam 4: Constitutional Law

53. In the case of , Chief Justice Marshall stated, "This great principle is, that the Constitution and the laws made in Pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them."

The Fourteenth Amendment restricts the power of states to tax.

The U.S. Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.

According to the U.S. Constitution, the federal government is a government of enumerated, or limited, powers, and a specified power must authorize each of its acts.

The Supreme Court, in Jackson v. Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.

According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is:

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

Because defamation involves a communication, the protection extended to speech by the Amendment applies.

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.

Judicial review is another phrase for an appeal of a lower court's judgment.

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly.

A classification based on gender or "legitimacy" for a governmental action:

In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

A state constitutional provision conflicts with a valid federal statute. Under the Supremacy Clause:

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

The Bill of Rights restricts the power and authority of the federal government.

States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.

Most forms of speech are protected by the strict or exacting scrutiny standard.

₅₃_._I_n_th_e_cas_e_of _,_Chie_f_Justic_e_Marshal_l_stated_,_"Thi_s_grea_t_principl_e_is_,_tha_t_th_e_Constitutio_n_an_d_th_e_law_s_mad_e_in Pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them."