Question 1

The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process.

Accepted Answer

A) True 
 B)False  True

Question 2

The Clause protects against impairing the charter of a corporation formed under a state incorporation statute.

Accepted Answer

A)  Supremacy
B)  Commerce
C)  Contract
D)  Takings C

Question 3

The State where Laura's father had lived passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate.Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college.She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment.The case is now under consideration by the United States Supreme Court.In deciding the constitutionality of the provision, the Court will:

Accepted Answer

A)  apply the rational relationship test.
B)  apply the strict scrutiny test.
C)  apply the intermediate standard test.
D)  create a new test. C

Question 4

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 5

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 6

The legislative branch's primary check on both the judicial and executive branches is the power to:

Accepted Answer

A)  veto executive or judicial decisions.
B)  approve appointments to the courts and agencies.
C)  appoint judges and cabinet officials.
D)  pass laws that establish term limits for the president and judges.

Question 7

The main purpose of the Bill of Rights was to:

Accepted Answer

A)  enumerate all of the rights of U.S.citizens.
B)  list the powers of the federal government.
C)  provide for restrictions on the power of the federal government.
D)  provide limitations on the powers of individuals.

Question 8

The federal government's power to tax is subject to the limitation that all custom duties and excise taxes must be uniform throughout the United States.

Accepted Answer

A) True 
 B)False

Question 9

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 10

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

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is correct with regard to the powers of government in the United States?

Accepted Answer

A)  The federal government is a government of enumerated powers.
B)  The federal government is all-powerful except in cases of state criminal law.
C)  Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution or be reasonably necessary to carry out a specified power..
D)  Congress may not enact legislation that affects the states.

Question 12

Briefly discuss the Contract Clause of the U.S.Constitution.

Accepted Answer

The answer of Briefly discuss the Contract Clause of the...

Question 13

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 14

A star basketball player in the NBA:

Accepted Answer

A)  is a "public figure" with respect to a defamation action against a newspaper.
B)  is a "public official" with respect to a defamation action against a newspaper.
C)  may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him.
D)  is not subject to the "actual malice" test in defamation actions against the press.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Which of the following would NOT be included in the powers of the federal government?

Accepted Answer

A)  Power to tax a product produced and consumed exclusively in Alaska.
B)  Power to grant government contracts to minority corporations.
C)  Power to condemn a building to make way for an interstate highway.
D)  Power to tax only incomes above $6,000.

Question 17

The federal government's power to tax has no limitations.

Accepted Answer

A) True 
 B)False

Question 18

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 19

The rational relationship test, used by the courts to determine whether a certain governmental power exercised impermissibly encroaches upon an interest the Constitution protects, is the most exacting of the three possible levels of scrutiny used.

Accepted Answer

A) True 
 B)False

Question 20

Identify the purpose of the U.S.Constitution as stated in its preamble.

Accepted Answer

The answer of Identify the purpose of the U.S.Constitution as...

Exam 4: Constitutional Law

The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process.

The Clause protects against impairing the charter of a corporation formed under a state incorporation statute.

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.

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.

The legislative branch's primary check on both the judicial and executive branches is the power to:

The main purpose of the Bill of Rights was to:

The federal government's power to tax is subject to the limitation that all custom duties and excise taxes must be uniform throughout the United States.

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

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

Which of the following is correct with regard to the powers of government in the United States?

Briefly discuss the Contract Clause of the U.S.Constitution.

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:

A star basketball player in the NBA:

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

Which of the following would NOT be included in the powers of the federal government?

The federal government's power to tax has no limitations.

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

The rational relationship test, used by the courts to determine whether a certain governmental power exercised impermissibly encroaches upon an interest the Constitution protects, is the most exacting of the three possible levels of scrutiny used.

Identify the purpose of the U.S.Constitution as stated in its preamble.