2203-const-practice True/False



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2203-const-practice

True/False

Indicate whether the sentence or statement is true or false.

____ 1. The powers given by the states to the federal government are described as delegated powers.

____ 2. The power of the states to adopt laws to protect the general welfare of the people is called police power.

____ 3. Ex post facto laws can be adopted by either states or the national government.

____ 4. The Constitution took certain powers away from the national government and gave them to the state governments.

____ 5. When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause.

____ 6. Changes to the Constitution have been brought about by interpretation, amendment, and practice.

____ 7. Because the power to regulate interstate commerce has been interpreted broadly, Congress has great power to adopt regulatory laws affecting the economy.

____ 8. The Fifth and Fourteenth Amendments prohibit the national and state governments from depriving any person of property without due process of law.

____ 9. The Constitution prohibits state governments from denying any person the equal protection of the law.

____ 10. The Constitution prohibits discrimination based on reasonable classification.

____ 11. Commercial speech is protected by the First Amendment to the U.S. Constitution.

____ 12. Concurrent powers are those areas where the state and federal governments share powers.

____ 13. The constitutionality of a state statute authorizing female employees to be paid less than male employees would be tested by the rational basis test to determine if it violated the equal protection clause.

____ 14. The equal protection clause applies to governmental and private actions.

____ 15. Administrative regulations are generally not subject to judicial review.

____ 16. The Commerce Clause grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes.

____ 17. Historically, intrastate commerce was not subject to federal regulation.

____ 18. The compelling state interest/strict scrutiny test is used by the court to determine the constitutionality of government classifications based on race, religion, and national origin.

____ 19. The Bill of Rights was included in the original U.S. Constitution.

____ 20. The fourth Congress approved ten amendments to the U.S. Constitution, now known as the Bill of Rights, which were adopted on December 15, 1799.

____ 21. The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.

____ 22. The First Amendment allows free speech in any and all circumstances.

____ 23. The First Amendment guarantees apply not only to individuals but also to corporations.



Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

____ 24. The U.S. Constitution:



a.

is unwritten.

b.

was brought over from England in its entirety.

c.

is a written document that specifies the structures and powers of the U.S. national government.

d.

prohibits the states from having their own constitutions.

____ 25. Congress can regulate which of the following activities under the concept of interstate commerce?



a.

manufacturing

b.

the stock exchanges

c.

mining

d.

all of the above

____ 26. Which of the following powers is not reserved solely to the national government?



a.

power to regulate interstate commerce

b.

power to tax

c.

power to coin money

d.

power to borrow money on the credit of the United States

____ 27. The due-process clause:



a.

allows the U.S. government to take private property without due process.

b.

allows a state to take private property without due process.

c.

is, by liberal interpretation, held to be a guarantee of protection from unreasonable legal procedures.

d.

does not apply to state governments.

____ 28. The concept of equal protection of the law:



a.

applies to both state and federal governments.

b.

prohibits any classification whatsoever.

c.

applies only to conduct by private parties.

d.

does not permit reasonable classifications.

____ 29. The primary source of the power of the Federal Government to regulate business is:



a.

Supremacy Clause.

b.

Commerce Clause.

c.

Contract Clause.

d.

Privilege and Immunities Clause.

____ 30. Marty owns a tattoo parlor that is located in the heart of Detroit. All of Marty's employees live in Detroit and Marty purchases all of his supplies from suppliers in Michigan. In 1990 the Americans With Disabilities Act was passed which forbids discrimination on the basis of disability. Beginning in July of 1994, the law covers employers with fifteen or more employees. Marty has twenty employees and believes he can ignore the law because his business is purely local. Which statement is correct?



a.

Marty is correct because Congress can only regulate commerce that involves at least two states.

b.

Marty is correct because his business is intrastate.

c.

Marty is incorrect because his business probably still has an affect on interstate commerce.

d.

Marty is correct unless the parlor is located on or near an interstate highway.

____ 31. The City of Minneapolis decided to widen the road in front of Quick Stop, a convenience store. The road project requires a four feet strip of Quick's land. In taking the land, the city must pay to Quick:



a.

highest compensation for the land.

b.

just compensation for the land.

c.

no compensation for the land because of eminent domain.

d.

due compensation for the land.

____ 32. Procedural due process generally requires:



a.

the government to make clear laws.

b.

notice and a hearing before the government deprives a person of life, liberty or property.

c.

commercial activity that substantially affects interstate commerce to be required.

d.

laws that treat similarly situated persons the same.

____ 33. Courts may overturn administrative agencies in which of the following cases:



a.

the agency violates procedural or substantive due process.

b.

the agency violated the constitution.

c.

the agency exceeded its authority.

d.

all of the above.

____ 34. Valco, Inc., which conducts business in every state, is subject to:



a.

federal regulation only.

b.

state regulation only.

c.

federal, state, and local regulation.

d.

federal and state regulation only.

____ 35. When applying the equal protection clause, which of the following classification is clearly a suspect class?



a.

Those directed at age.

b.

Those directed at national origin.

c.

Those directed at sexual preference.

d.

All of the above.

____ 36. The state of Minnesota passed a law forbidding employers in Minnesota from discriminating against applicants and employees on the basis of sexual orientation. The state's power to enact this law comes from the:



a.

state's police power.

b.

incorporation doctrine.

c.

Commerce Clause.

d.

Intrastate Commerce Clause.

____ 37. State regulations that affect interstate commerce will:



a.

be struck down.

b.

be evaluated in terms of the burden they impose on interstate commerce and the interests of the state.

c.

generally be upheld.

d.

be upheld as long as there is some rational purpose for the state action.

____ 38. If the state of South Dakota passed a law that prohibits large trucks from operating on state highways, the law would probably be:



a.

unconstitutional as an undue burden on interstate commerce.

b.

unconstitutional based upon the 14th Amendment.

c.

constitutional based upon state police power.

d.

constitutional based upon the reserved powers clause.

____ 39. The definition of commercial speech includes:



a.

Expressions related to the economic interests of the speaker and her audience.

b.

Speech proposing commercial transactions.

c.

The expenditure of corporate funds to support political candidates.

d.

All of the above.

e.

None of the above.

____ 40. Procedural due process would require the government to set up a set of fair procedures in all but which of the following cases?



a.

Where Social Security benefits are refused.

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.

____ 41. Commercial speech may be regulated if:



a.

The regulation is no more extensive than necessary.

b.

The regulation directly advances a substantial government interest.

c.

It is misleading.

d.

All of the above.

____ 42. Which of the following is correct with regard to the powers of government in the United States?



a.

The federal government is 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.

d.

Congress may not enact legislation that affects the states.

____ 43. John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:



a.

Deferring to the legislature to determine whether such a classification of persons is constitutionally permissible.

b.

Clear and convincing evidence that there is no reasonable basis for the legislation.

c.

The rational relationship test.

d.

The strict scrutiny test.

____ 44. What constitutional principle requires that similarly situated people be treated similarly by government?



a.

Free speech.

b.

Equal protection.

c.

Due process.

d.

Eminent domain.

____ 45. A state constitutional provision conflicts with a federal statute. Under the supremacy clause:



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.

____ 46. State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will:



a.

Not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible.

b.

Determine that fundamental rights and suspect classification are involved in this legislation.

c.

Only require that the legislation conceivably bears some rational relationship to a legitimate governmental interest.

d.

Review the legislation to see if it bears a substantial relationship to an important governmental objective.

____ 47. Eminent domain, under the Fifth Amendment, contains a "taking clause" and is also incorporated in the Fourteenth Amendment. It is not allowed without:



a.

Must be for public use or purposes.

b.

(a) only.

c.

Compensation.

d.

(a) and (c) only.

____ 48. Strict scrutiny is used by the U.S. Supreme Court to carefully scrutinize:



a.

First Amendment rights of freedom of religion.

b.

The right to engage in interstate travel.

c.

The right to vote.

d.

All of the above are situations where strict scrutiny would be applied.

____ 49. Dr. David Doright is a Professor at Ivory Towers State University in Minnesota. One day he has an argument with the President of the University over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges.



a.

This is not a criminal case, so Dr. Doright has no right to a hearing.

b.

Dr. Doright appears to have been denied the equal protection of the law.

c.

The firing by a State university is State action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him.

d.

The U.S. Constitution does not apply to this case.

____ 50. Which of the following is included within the term "property" for purposes of procedural due process?



a.

Real property.

b.

Social security payments.

c.

Food stamps.

d.

All of the above.


2203-const-practice

Answer Section

TRUE/FALSE

1. ANS: T OBJ: 4:3(a)

2. ANS: T OBJ: 4:4(a)

3. ANS: F OBJ: 4:4(b)

4. ANS: F OBJ: 4:5(a)

5. ANS: T OBJ: 4:5(b)

6. ANS: T OBJ: 4:C

7. ANS: T OBJ: 4:9(a)

8. ANS: T OBJ: 4:11

9. ANS: T OBJ: 4:12

10. ANS: F OBJ: 4:12(a)

11. ANS: T

12. ANS: T

13. ANS: F

14. ANS: F

15. ANS: F

16. ANS: T

17. ANS: T

18. ANS: T

19. ANS: F

20. ANS: F

21. ANS: T

22. ANS: F

23. ANS: T



MULTIPLE CHOICE

24. ANS: C OBJ: 4:1

25. ANS: D OBJ: 4:9(a)

26. ANS: B OBJ: 4:10(a)

27. ANS: C OBJ: 4:11(a)

28. ANS: A OBJ: 4:12

29. ANS: B

30. ANS: C

31. ANS: B

32. ANS: B

33. ANS: D

34. ANS: C

35. ANS: B

36. ANS: A

37. ANS: B

38. ANS: A

39. ANS: D

40. ANS: D

41. ANS: D

42. ANS: A

43. ANS: D

44. ANS: B

45. ANS: A

46. ANS: D

47. ANS: D

48. ANS: D



49. ANS: C

50. ANS: D


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