Question 1

Set forth the Central Hudson Test for Commercial Speech.

Accepted Answer

The test has four aspects as follows:
(1...

Question 2

[Animal Care] Kimora, a licensed veterinarian, was recently elected to the U.S. Senate. Kimora is very concerned about the lack of care for homeless cats and dogs. She proposes legislation whereby citizens of all states are to be taxed sufficiently to provide for no-kill animal shelters, and that citizens in states with higher than average incomes are to be taxed at a higher rate than citizens of other states. She also proposes that federal funds for state highways be denied to any state that fails to provide assistance to low-income citizens in covering pet vaccinations. José, another new senator, tells Kimora that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sven, another senator, tells Kimora that Congress has no authority to link highway funds or any other funds with social welfare objectives. Devonne, a clerk in the Senate, tells Kimora that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.
-Is Devonne's statement about taxing residents of different states correct?

Accepted Answer

A)   Devonne is incorrect. The U.S. Congress has complete discretion on taxation.
B)   Devonne is partially incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a rational relationship between the difference and governmental need must be shown.
C)   Devonne is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, an important need must be shown.
D)   Devonne is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a disparity of income of over 30% between one state and another must be shown.
E)   Devonne is correct.F) A) and C)
G) B) and E) E

Question 3

[Junk Food] Denise McCrae is a school-board member in Mariposa County. Appalled by the amount of junk food in the schools, she convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 600 feet of any school or daycare center. A political science teacher questions whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court claiming that the law impermissibly affects interstate commerce.
-Which of the following is the best definition of the term "police power"?

Accepted Answer

A)   The residual powers retained by each state to safeguard the health and welfare of its citizenry.
B)   The residual powers retained by the federal government to enforce valid laws and regulations.
C)   The powers granted to local government to enter residences without a search warrant.
D)   The powers granted to state governments to tax for the purposes of having law enforcement.
E)   The powers granted to state government to imprison citizens of other states who commit crimes within a state.F) A) and D)
G) A) and E)

Question 4

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes. Corina has a business training lizards for use in television and movies. Her star lizard, a massive iguana named Izzy, likes to have her own seat on the airplane. In order to promote her business, Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes.
-Corina believes the lizard ban by the Federal Aviation Administration (FAA)  is not a law because it is an administrative agency rule. Is she correct?

Accepted Answer

A)   Yes, because the FAA is only an administrative agency.
B)   No, because federal laws include rules passed by federal administrative agencies.
C)   No, because of the supremacy clause.
D)   Yes, because there are no checks and balances on federal administrative agencies.
E)   Yes, because the FAA rules do not have the same status as laws.F) B) and E)
G) All of the above

Question 5

Under the authority of the commerce clause, Congress can pass laws as long as what criteria are met?

Accepted Answer

A)   As long as the law affects commerce among the states, or interstate commerce, in some way, the regulation is generally constitutional.
B)   The law will only be constitutional if it affects taxation in some way.
C)   As long as the law involves, in some way, a right guaranteed by the Bill of Rights, it is constitutional.
D)   As long as the law is approved by any state affected, it is constitutional.
E)   As long as the law is not objected to by any state affected within six months of its passage, it is constitutional.F) C) and D)
G) B) and C)

Question 6

Sari, a wealthy Hollywood director, worked with the California legislature to create a law that banned actors and actresses from auditioning for roles outside of their gender. Under what test would a court analyze this law to determine if it violated the equal protection clause?

Accepted Answer

A)   Strict scrutiny, because of the gender-based classification.
B)   Intermediate scrutiny, because of the gender-based classification.
C)   Rational-basis, because of the gender-based classification.
D)   Strict scrutiny, because a fundamental right is involved.
E)   Rational-basis to determine if a fundamental right is involved.F) A) and B)
G) A) and C)

Question 7

What was the result at the U.S. Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" of the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

Accepted Answer

A)   The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause.
B)   The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the commerce clause.
C)   The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause and also under the commerce clause.
D)   The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the commerce clause but allowed the remainder of the law to remain.
E)   The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the taxing clause but allowed the remainder of the law to remain.F) B) and D)
G) All of the above

Question 8

Why have most courts struck down most hate speech codes and codes of conduct?

Accepted Answer

A)   The courts cannot agree that hate speech should be unconstitutional.
B)   The courts say most codes are too vague and broad.
C)   Lower courts are waiting for the U.S. Supreme Court to define hate speech.
D)   The courts are waiting for a concensus ruling from the United Nations on what hate speech is.
E)   The courts are waiting for Congress to implement hate speech legislation.F) A) and B)
G) A) and E) B

Question 9

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Accepted Answer

If a law prevents individuals from exerc...

Question 10

In United States v. Lopez, the U.S. Supreme Court addressed the constitutionality of the Gun-Free School Zone Act. What did the Court rule?

Accepted Answer

A)   The Court ruled that the law was a valid exercise of congressional authority under the full faith and credit clause.
B)   The Court ruled that the law was a valid exercise of congressional authority contained within the Bill of Rights.
C)   The Court ruled that Congress exceeded its power under the Bill of Rights when it passed the act.
D)   The Court ruled that Congress exceeded its commerce clause authority when it passed the act.
E)   The Court ruled that the law was a valid exercise of congressional authority under the commerce clause.F) D) and E)
G) C) and D)

Question 11

In the landmark case of Marbury v. Madison, the U.S. Supreme Court determined that ________.

Accepted Answer

A)   The Constitution established the three branches of government
B)   The President had executive authority to make law
C)   The duties of the legislative branch were divided between the two houses of Congress
D)   The courts had the power to determine whether or not legislative and executive actions were constitutional
E)   The supremacy clause gave all the powers to the federal government to set laws for the statesF) C) and E)
G) A) and C)

Question 12

In South Dakota v. Dole, the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age was questioned. What did the U.S. Supreme Court rule?

Accepted Answer

A)   The Court upheld the statute.
B)   The Court upheld the statute only in the case of states that could not provide matching funds; and if matching funds could be provided, the Court ruled that there was insufficient reason for the law.
C)   The Court upheld the statute only in the case of states that could provide matching funds; and if matching funds could not be provided, the Court ruled that Congress was overreaching its power in regard to partnership between state and federal government.
D)   The Court struck the statute on the basis that it violated the commerce clause under the U.S. Constitution.
E)   The Court struck the statute on the basis that it violated the taxing and spending powers of the federal government under the U.S. Constitution.F) A) and E)
G) A) and D)

Question 13

[Animal Care] Kimora, a licensed veterinarian, was recently elected to the U.S. Senate. Kimora is very concerned about the lack of care for homeless cats and dogs. She proposes legislation whereby citizens of all states are to be taxed sufficiently to provide for no-kill animal shelters, and that citizens in states with higher than average incomes are to be taxed at a higher rate than citizens of other states. She also proposes that federal funds for state highways be denied to any state that fails to provide assistance to low-income citizens in covering pet vaccinations. José, another new senator, tells Kimora that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sven, another senator, tells Kimora that Congress has no authority to link highway funds or any other funds with social welfare objectives. Devonne, a clerk in the Senate, tells Kimora that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.
-Is Sven's statement about linking funds with social welfare objectives correct?

Accepted Answer

A)   Sven is correct.
B)   Sven is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide other needed services.
C)   Sven is partially correct in saying that Congress has no authority to link highway funds with social services, but any other funds may be linked to social services by executive order.
D)   Sven is partially correct in saying that Congress has no authority to link highway funds with social services, but other funds may be linked to social services by an act of Congress.
E)   Sven is incorrect.F) C) and D)
G) A) and B)

Question 14

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Accepted Answer

A)   Because the U.S. Congress passed a law to that effect.
B)   Because the federal government has only those powers granted to it by the Constitution.
C)   Because President Lincoln issued an executive order to that effect.
D)   Because President Washington issued an executive order to that effect.
E)   Because it is a custom.F) A) and E)
G) B) and D)

Question 15

[Leaf] Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", an abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he was terminated.
-According to our system of checks and balances, what can the other branches of government do if the President vetoes a bill that Congress believes is necessary to protect the welfare of the people?

Accepted Answer

A)   The Senate can overturn the veto with a two-thirds vote.
B)   Congress can overturn the veto with a two-thirds vote.
C)   The Senate can overturn the veto with a three-fifths vote.
D)   The Supreme Court can overturn the veto.
E)   The Supreme Court can declare the bill unconstitutional.F) A) and C)
G) D) and E) B

Question 16

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes. Corina has a business training lizards for use in television and movies. Her star lizard, a massive iguana named Izzy, likes to have her own seat on the airplane. In order to promote her business, Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes.
-Under what circumstances may Montana regulate the same subject matter as the federal government?

Accepted Answer

A)   Only when federal law expressly provides Montana with permission.
B)   Only if there is no federal law regarding the subject matter in the Montana state law.
C)   Only if the Montana law serves a compelling government interest.
D)   Never. A state cannot regulate the same subject matter as the federal government.
E)   When a person's compliance with Montana state regulation would not cause him or her to be in violation of a federal regulation.F) B) and D)
G) None of the above

Question 17

The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws.

Accepted Answer

A) True 
 B)False

Question 18

Which statement about the ability of individual states to collect sales tax on Internet transactions is true?

Accepted Answer

A)   Individual states may, without restriction, collect sales tax from merchants on items purchased through the Internet by in-state residents.
B)   Only with permission of Congress, granted on a state-by-state basis, may individual states collect from merchants sales tax on items purchased through the Internet by in-state residents.
C)   States cannot collect sales tax on Internet sales from merchants nor may a state require that its citizens report Internet purchases so that they may be taxed.
D)   A state cannot collect sales tax from merchants unless sales to the state's citizens amount to more than 1 million in the aggregate.
E)   A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state.F) C) and E)
G) B) and D)

Question 19

Most of the amendments to the Constitution are applicable to corporations. The courts have said that:

Accepted Answer

A)   All states look at corporations as people anyway.
B)   Congress specifically added the words "corporations" to many amendments after the Bill of Rights.
C)   Corporations are taxed like people so the laws must apply the same.
D)   The laws imply that corporations are treated as artificial persons for most cases.
E)   The Fourteenth Amendment incorporates corporations as people.F) C) and D)
G) B) and E)

Question 20

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes. Corina has a business training lizards for use in television and movies. Her star lizard, a massive iguana named Izzy, likes to have her own seat on the airplane. In order to promote her business, Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes.
-If Montana decided to modify it's state laws to permit giant lizards on airplanes, would the courts consider this action to be unconstitutional?

Accepted Answer

A)   Yes, due to the principals of federalism.
B)   No, because it would would infringe on states's rights.
C)   No, because Montana would modify the law.
D)   No, because full faith and credit would be implicated.
E)   Yes, under the equal protection clause.F) A) and B)
G) C) and D)

Exam 5: Constitutional Principles

Set forth the Central Hudson Test for Commercial Speech.

Correct Answer
verified
The test has four aspects as follows:
(1...
View Answer

Correct Answer
verified
E

Correct Answer
verified

Correct Answer
verified

Under the authority of the commerce clause, Congress can pass laws as long as what criteria are met?

Correct Answer
verified

Sari, a wealthy Hollywood director, worked with the California legislature to create a law that banned actors and actresses from auditioning for roles outside of their gender. Under what test would a court analyze this law to determine if it violated the equal protection clause?

Correct Answer
verified

What was the result at the U.S. Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" of the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

Correct Answer
verified

Why have most courts struck down most hate speech codes and codes of conduct?

Correct Answer
verified
B

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Correct Answer
verified
If a law prevents individuals from exerc...
View Answer

In United States v. Lopez, the U.S. Supreme Court addressed the constitutionality of the Gun-Free School Zone Act. What did the Court rule?

Correct Answer
verified

In the landmark case of Marbury v. Madison, the U.S. Supreme Court determined that ________.

Correct Answer
verified

In South Dakota v. Dole, the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age was questioned. What did the U.S. Supreme Court rule?

Correct Answer
verified

Correct Answer
verified

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Correct Answer
verified

Correct Answer
verified
B

Correct Answer
verified

The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws.

Correct Answer
verified

Which statement about the ability of individual states to collect sales tax on Internet transactions is true?

Correct Answer
verified

Most of the amendments to the Constitution are applicable to corporations. The courts have said that:

Correct Answer
verified

Correct Answer
verified

Exam 5: Constitutional Principles

Set forth the Central Hudson Test for Commercial Speech.

Correct AnswerverifiedThe test has four aspects as follows:(1...View AnswerShow Answer

Correct AnswerverifiedE

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Under the authority of the commerce clause, Congress can pass laws as long as what criteria are met?

Correct AnswerverifiedShow Answer

Sari, a wealthy Hollywood director, worked with the California legislature to create a law that banned actors and actresses from auditioning for roles outside of their gender. Under what test would a court analyze this law to determine if it violated the equal protection clause?

Correct AnswerverifiedShow Answer

What was the result at the U.S. Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" of the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

Correct AnswerverifiedShow Answer

Why have most courts struck down most hate speech codes and codes of conduct?

Correct AnswerverifiedB

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Correct AnswerverifiedIf a law prevents individuals from exerc...View AnswerShow Answer

In United States v. Lopez, the U.S. Supreme Court addressed the constitutionality of the Gun-Free School Zone Act. What did the Court rule?

Correct AnswerverifiedShow Answer

In the landmark case of Marbury v. Madison, the U.S. Supreme Court determined that ________.

Correct AnswerverifiedShow Answer

In South Dakota v. Dole, the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age was questioned. What did the U.S. Supreme Court rule?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedB

Correct AnswerverifiedShow Answer

The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws.

Correct AnswerverifiedShow Answer

Which statement about the ability of individual states to collect sales tax on Internet transactions is true?

Correct AnswerverifiedShow Answer

Most of the amendments to the Constitution are applicable to corporations. The courts have said that:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct Answer
verified
The test has four aspects as follows:
(1...
View Answer

Correct Answer
verified
E

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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If a law prevents individuals from exerc...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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Correct Answer
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