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BUS 250, Chapter 5

Article I of the Constitution created _______ and Article II created _______.
a. the Judiciary, the Congress.
b. the Presidency, the Congress.
c. The Presidency, the Judiciary.
d. the Congress, the Presidency.
In the Wickard v. Filburn (1942) case, the U.S. Supreme Court held that:
a. under the Commerce Clause, Congress has clearly defined limits on the exercise of its powers.
b. the local production of wheat could not be governed by Congress under the Commerce Clause.
c. under the First Amendment, Congress may regulate political advertising.
d. under the Commerce Clause, Congress may regulate any activity that has a substantial effect on interstate commerce.
The “dormant” aspect of the Commerce Clause holds that:
a. only courts can decide when a state statute is unconstitutional.
b. a federal law can always be preempted by a state statute.
c. a state statute that discriminates against interstate commerce is invariably unconstitutional.
d. a state statute is always unconstitutional when it burdens free speech in commerce.
____________________ is the Supreme Court’s willingness to ______________.
a. Judicial activism, become involved with major political issues and decide cases on constitutional grounds.
b. Judicial restraint, decide only 1st Amendment cases.
c. Stare Decisis, decide only 14th amendment cases.
d. Judicial restraint, become involved with major political issues and decide cases on constitutional grounds.
The idea that each branch of government can act as a check on the power of the other branches is known as:
a. Limitation of powers.
b. Restraint of government.
c. Federalism.
d. Separation of powers.
According to Texas v. Johnson, flag burning is an example of _________, protected by the ____________.
a. pure speech, Fifth Amendment.
b. symbolic speech, First Amendment.
c. symbolic speech, Fifth Amendment.
d. pure speech, First Amendment.
In Miller v. California (1973), the U.S. Supreme Court:
a. held that pornography was not protected free speech based on local standards.
b. held that the First Amendment is an absolute protection on all speech.
c. created a three-part test that courts must use to determine whether speech is obscene.
d. determined that the Communications Decency Act was unconstitutional.
The Dolan v. City of Tigard case involved which amendment and clause of the U.S. Constitution?
a. The Dolan case involved the Fourteenth Amendment’s “Incorporation” clause.
b. The Dolan case involved the Fifth Amendment’s “Takings Clause.”
c. The Dolan case involved the First Amendment’s “Freedom of Speech” clause.
d. The Dolan case involved the Fifth Amendment’s “Due Process” clause.
In order to determine whether the City violated the KKK’s constitutional rights, the court would apply the:
a. clear and convincing evidence test
b. rational basis test
c. beyond a reasonable doubt test.
d. compelling government interest test
The group’s use of hoods would most likely be an example of:
a. obscene speech not protected by the U.S. Constitution.
b. commercial speech protected by the U.S. Constitution
c. political speech protected by the U.S. Constitution
d. hate speech not protected by the U.S. Constitution
The Equal Protection Clause, which states that governments must treat people equally, is part of which Amendment?
a. The First Amendment
b. The Second Amendment
c. The Fifth Amendment
d. The Fourteenth Amendment
Which clause states that the Constitution, and federal statutes and treaties, shall be the supreme law of the land.
a. Supremacy Clause
b. Equal Protection Clause
c. Takings Clause
d. Commerce Clause
Constitutional rights generally protect only against ___________ acts.
a. government
b. corporation
c. private party
d. individual
The Court created a three-part test to determine if a creative work is obscene. Which one is NOT one of the basic guidelines?
a. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
b. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.
c. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
d. Whether the work includes language which is prohibited by the Federal Communications Commission.
Political speech is protected unless it is
a. not during a political demonstration.
b. directed at a particular individual.
c. intended and likely to create imminent lawless action.
d. not done under a permit for that particular town.
Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best answer.
a. Ohio corporations must obey all state statutes
b. Ohio corporations must obey OSHA’s statute and Ohio’s hazardous waste statute
c. If there is a conflict between a state statute and a federal statute, the federal statute will win and the state statute will be void.
d. None of the above is true.
Tim received a letter from his state college stating he had been expelled from the school. The letter stated his finance professor reported him to the Dean’s office for cheating and that a committee had decided to expel him. He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper. Tim believes the college has violated his due process rights. What factor(s) should be considered to determine the validity of Tim’s claim?
a. A person must receive notice of the action being taken.
b. Be given an opportunity to present any challenges to a neutral fact finder
c. Usually requires that the student be allowed to appeal the initial decision to a higher body.
d. All of the above are requirements of due process rights.
Ohio enacted a statute that gives all veterans, who were state residents prior to enrolling in the military, the right to a state and local government jobs before any other person. Ohio believes that this to be in the best interest of the state and to those that served our county in a military capacity. Sam, a nonveteran wanted a certain government job, was denied because even though he was a veteran, he did was not a resident of the state of Ohio prior to enrolling. Sam believes that this is wrong. Ohio argues that this is allowed under the constitution. What test will the court apply to the facts of this case to determine if this classification is constitutional?
a. Strict scrutiny
b. Intermediate scrutiny
c. Compelling interest scrutiny
d. Minimal scrutiny
Andrew is at work and begins to throw a fit because the copy machine is jammed again. In this outrage, Andrew was screaming out profanity. The company fired him stating that the employee handbook gives using profanity as a reason for immediate termination. Andrew claims that the company is violating his first amendment rights of freedom of speech. Is Andrew correct that profanity is protected speech?
a. No. Freedom of speech does not apply here because it is not the government acting.
b. Yes. Profanity is protected speech.
c. Yes. Although it is not per se protected, he can say whatever he wants while in the public.
d. None of the above is correct.
Ohio has a statute prohibiting the importation of solid or liquid waste that originated or was collected outside the territorial limits of the state. Michigan sues on the grounds that this statute is discriminatory and therefore invalid. Is Michigan correct?
a. Yes due to the dormant or negative commerce clause.
b. No because a state can do anything they want to protect their own borders.
c. It depends on why Ohio has that statute in the first place.
d. None of the above is correct.
Greenville College, a public community college, has a policy of admitting only Caucasian students. If the policy is challenged under the Fourteenth Amendment, ________________ scrutiny will be applied.
a. intermediate
b. strict
c. rational
d. none of the above
This chapter is filled with examples of statutes that have been struck down by the courts. A Texas law banning flag burning was rejected by the Supreme Court, as was a Louisiana death penalty statute. Where does the Supreme Court get its power to strike down congressional statutes as unconstitutional?
a. The U.S. Constitution.
b. Executive Orders.
c. Treaty
d. Marbury v. Madison case
You begin work at Everhappy Corp. at the beginning of November. On your second day at work, you wear a political button on your overcoat, supporting your choice for governor in the upcoming election. Your boss glances at it and says, “Get that stupid thing out of this office or you’re history, chump.” You protest that his statement violates your constitutional rights. Are you right?
a. No, an employer has the right to fire an employer for any reason.
b. No, because an employer has the right to regulate how I look at work.
c. Yes, it violates my constitutional right to free speech.
d. No, because it is considered a governmental action.
David Lucas paid $975,000 for two residential lots on the Isle of Palms near Charleston, South Carolina. He intended to build houses on them. Two years later the South Carolina legislature passed a statute that prohibited building seaward of a certain line, and Lucas’s property fell in the prohibited zone. Lucas claimed that his land was now useless and that South Carolina owed him its value. Explain his claim. Should he win?
a. Yes, based on the Fourteenth Amendment Equal Protection Clause.
b. Yes, based on the Fifth Amendment Takings Clause.
c. Yes, based on the Fifth Amendment Due Process clause.
d. Yes, based on the First Amendment Commercial Speech clause.
Gilleo opposed American participation in the war in the Persian Gulf. She displayed a large sign on her front lawn that read, “Say No to War in the Persian Gulf, Call Congress Now.” The city of Ladue prohibited signs on front lawns and Gilleo sued. The city claimed that it was regulating “time, place, and manner.” Who should win?
a. Gilleo.
b. Gilleo and Ladue.
c. Congress.
d. Ladue.
The Constitution is considered to be the greatest legal document ever written because no other has:
a. All of these answers.
b. withstood such challenge.
c. lasted so long.
d. governed so many.
The 14th Amendment’s Equal Protection Clause “strict scrutiny” test will be used when the legislation:
a. affects a person’s right to drive.
b. differentiates on the basis of race.
c. affects an person’s income.
d. affects a person’s right to vote.
McDonald raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court’s ruling in Wickard v. Filburn:
a. only McDonald’s state and local governments can regulate his farming activity.
b. only McDonald’s local government can regulate his farming activity.
c. Congress has no authority over McDonald’s activity based on the negative aspect of the Commerce Clause.
d. Congress may regulate McDonald’s farming activity because it has a substantial economic effect on interstate commerce.
Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using:
a. the Supremacy Clause.
b. strict scrutiny.
c. maximum scrutiny.
d. minimal scrutiny.
The primary source of federal power to regulate business is the:
a. Privilege and Immunities Clause.
b. Contract Clause.
c. Supremacy Clause.
d. Commerce Clause.
That the Constitution, and federal statutes and treaties, shall be the supreme law of the land is guaranteed by the:
a. Commerce Clause.
b. Equal Protection Clause.
c. Supremacy Clause.
d. Due Process Clause.
The Bill of Rights refers to:
a. the rights outlined in the Preamble.
b. a specific listing of individual rights found in the original text of the Constitution.
c. the inalienable rights found at the beginning of the Constitution.
d. the first ten amendments to the Constitution.
If there is a conflict between a state and federal law, generally the federal law will prevail because of the:
a. Interstate Commerce Clause.
b. stare decisis doctrine.
c. Federal Order.
d. Supremacy Clause.
Plum was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Plum, is an analysis of:
a. eminent domain.
b. the Takings Clause.
c. procedural due process.
d. substantive due process.
Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards that are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?
a. All of these answers.
b. It would have to be shown that the law reaches no further than necessary to promote the state goal.
c. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment.
d. It would have to be shown that the law directly and materially advances the state’s goal of a more aesthetically pleasing environment.
The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called:
a. the dormant aspect of the Commerce Clause.
b. constitutional hierarchy.
c. the Supremacy Clause.
d. the undue burden concept.
Tyler moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Tyler’s friend, Kristen, moved into the apartment he was served with eviction papers. Tyler claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Tyler right?
a. No. Constitutional protections do not extend to privately owned apartment complexes.
b. Yes. He and Kristen are being treated differently than married couples.
c. Yes. His equal protection rights have been violated.
d. No. His fundamental right of cohabitation has not been violated.
Which of the following limitations does not apply to the government in civil proceedings to take a person’s liberty or property?
a. Substantive Due Process.
b. The Equal Protection Clause.
c. Procedural Due Process.
d. The Takings Clause.
A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case?
a. Compelling interest scrutiny.
b. Mild scrutiny.
c. Minimal scrutiny.
d. Intermediate scrutiny.
Samson was arrested for wearing a t-shirt, during the Vietnam War, that said, “F*** the draft,” a protest against involuntary induction into the military. His action is protected under which amendment?
a. None
b. The Third.
c. The First.
d. The Second.
All of the following are key powers associated with the position of President EXCEPT:
a. appointment.
b. foreign policy.
c. judicial review.
d. legislation.
The “dormant” aspect of the Commerce Clause:
a. guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.
b. guarantees that Congress has powers that have not yet been revealed.
c. is also known as the “negative” aspect.
d. means that there are many unused powers still available to the government to regulate trade between the states
Judicial review can best be described as the power of federal courts to:
a. None of these answers.
b. review state and federal legislative and executive action.
c. review state court precedent.
d. review state executive orders.
Fundamental rights include all EXCEPT the right to:
a. travel.
b. free speech.
c. vote.
d. drive.
Generally, constitutional protections do NOT apply to:
a. acts of obscenity.
b. acts of administrative agencies.
c. acts of the federal government.
d. acts of state government.
The Supreme Court’s approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:
a. judicial restraint.
b. judicial review.
c. congressional restraint.
d. judicial activism.
Which type of speech may be outlawed altogether without violating the Constitution?
a. None of these answers.
b. Moral speech.
c. Symbolic speech.
d. Misleading commercial speech
The issue of the constitutional protections afforded flag burning was addressed in:
a. Palmore v. Sidoti.
b. Marbury v. Madison.
c. Texas v. Johnson.
d. United States v. Lopez.
Talia and her friends burn an American flag as an act of political protest. Talia is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:
a. are valid.
b. are void because they violate a person’s right to freedom of speech.
c. are void because they deny a person due process rights.
d. are void because a state court has no power to prosecute a person for burning the federal flag.
Judicial review is the power of the federal courts to declare a statute or governmental action:
a. protected.
b. immoral.
c. wrong.
d. void.
By creating three independent and equal branches of the federal government, the U.S. Constitution:
a. None of these answers.
b. gave complete power to the President.
c. limited the federal government’s power.
d. removed all power from the federal government.

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