Deck 5: Constitutional Law

Question 1

The United States Constitution forms the basis for all American Law.

Answer 1

True

Question 2

Each amendment of the federal constitution needs to be ratified by the legislatures of half of the 50 states.

Answer 2

False

Question 3

In the United States,how many types of powers do the federal Constitution and state constitutions confer on the government?

A) Eight
B) Six
C) Four
D) Two

Answer 3

D

Question 4

Since its inception,the federal Constitution of the United States has never been amended nor changed.

Question 5

There are three types of constitutional powers.

Question 6

The process of a court deciding whether a law is contrary to the constitution is known as judicial review.

Question 7

Under the Fourth Amendment police officers and other government officials (but not private citizens)must have probable cause to be able to conduct a personal or property search.

Question 8

Express powers are those that are specifically stated in a statute.

Question 9

It is constitutionally acceptable for a municipality to pass a law limiting what a journalist could write or say about a political candidate or issue.

Question 10

The Eight Amendment mandates that people accused or convicted of crimes are subject to excessive bail.

Question 11

The Sixteenth Amendment granted the federal government the power to impose and collect a tax on individuals' incomes.

Question 12

The Sixteenth Amendment granted the federal government the power to impose and collect a tax on individuals' incomes.

Question 13

The right to bear arms is unlimited.

Question 14

The Commerce Clause creates one of the most fundamental powers of the Constitution.

Question 15

The Fourteenth Amendment provides that when states pass laws they must treat all individuals equally.

Question 16

The IRS does not improve taxpayers' understanding of tax laws.

Question 17

If Owen refused to testify on the premise that the information he would divulge would self-incriminate him,he can legally do so under the Fifth Amendment protection.

Question 18

The strict scrutiny test is a standard that measures whether the legislature had a compelling interest for enacting a particular statute

Question 19

The Fourteenth Amendment applies to actions of the federal government.

Question 20

The Eight Amendment prevents the Government from imposing an unjustly harsh fine on a person convicted of a crime.

Question 21

The right to bear arms is protected under the ________________Amendment:

A) First.
B) Second.
C) Eight.
D) Sixteenth.

Question 22

Under the _________________Amendment the following are examples of punishments which are prohibited: a person convicted of armed robbery is sentenced to death; a person convicted of shoplifting is sentenced to life in prison; a minor is sentenced to life in prison for stealing a car; a person convicted of assault and battery is sentenced to death.

A) First.
B) Fourth.
C) Eight.
D) Sixteenth.

Question 23

"According to the supremacy clause,a Supreme Court ruling that involves a constitutional issue is binding on state courts." This statement is part of which Clause or Article:

A) Article 1, Section 8, Clause 3.
B) Article IV, Section 1.
C) Article IV, Section 2.
D) Article V, Section 1.

Question 24

The Fifth Amendment required that all persons be granted procedural and _____________ due process:

A) reflective.
B) substantive.
C) criminal.
D) questionable.

Question 25

The _______________test is a standard that measures whether a particular statute is substantially related to an important government objective:

A) peer pressure test.
B) rational basis test.
C) intermediate scrutiny test.
D) strict scrutiny test.

Question 26

Examples of unreasonable searches and seizures include the following EXCEPT:

A) a detention of longer than 48 hours after a criminal arrest.
B) a nonconsensual extraction of blood.
C) the gathering of fingerprint evidence in certain circumstances.
D) the stop of motorists at sobriety checkpoints to investigate possible instances of driving under the influence.

Question 27

Freedom of Speech is covered under which Amendment:

A) First Amendment.
B) Second Amendment.
C) Fourth Amendment.
D) Sixteenth Amendment.

Question 28

All the following speeches may be limited or silenced under the First Amendment EXCEPT:

A) speech that incites imminent danger.
B) political or religious speech.
C) child pornography.
D) speech that is defamatory.

Question 29

Discuss the Free Speech part of the First Amendment and what types of speeches may be limited or silenced.

Question 30

The Constitution is divided and subdivided in all of the following EXCEPT:

A) articles.
B) sections.
C) clauses.
D) papers.

Question 31

The ___________________ is a federal agency established by Congress and tasked with administering and collecting federal income tax:

A) FDA.
B) IRS.
C) FDIC.
D) SEC.

Question 32

The ______________ Amendment granted the federal government the power to impose and collect a tax on individuals' incomes.

A) Fourth
B) Eight
C) Fourteenth
D) Sixteenth

Question 33

Describe the Doctrine of Preemption.

Question 34

Identify and describe the process of deciding if a law is contrary to the Constitution.

Question 35

The Eight Amendment does the following EXCEPT:

A) restricts both the severity and the types of punishments that may be imposed by federal and state governments..
B) mandates that people accused or convicted of crimes are not to be subject to excessive bail..
C) allows for barbarous punishment.
D) prevents the government from imposing an unjustly harsh fine on a person convicted of a crime.

Question 36

What power did the Sixteenth Amendment grant the federal government?

Question 37

Under the Fourteenth Amendment,laws that do not treat all people equally are unconstitutional unless the state can show that the law passes the following tests EXCEPT:

A) the effect on a person's conscience test.
B) rational basis test.
C) intermediate scrutiny test.
D) strict scrutiny test.

Question 38

Provide examples searches and seizures considered to be unreasonable under the Fourth Amendment.

Question 39

The following are clauses of the Constitution who have a specific impact on businesses EXCEPT:

A) Commerce Clause.
B) Full Faith and Credit Clause.
C) Supremacy Clause
D) Competitive Clause

Question 40

Each constitutional amendment must be proposed by a:

A) one-third vote of Congress.
B) one-fourth vote of Congress.
C) two-thirds vote of Congress.
D) three-fourths vote of Congress.