Deck 5: Constitutional Principles

Question 1

The state of Tennessee is getting ready to pass legislation that impacts businesses within its state and is not addressed by powers in the Constitution. Which amendment is implicated?

A) First
B) Second
C) Fifth
D) Sixth
E) Tenth

Answer 1

E

Question 2

Congress can enact laws, but the president can then veto any law that Congress passes.

Answer 2

True

Question 3

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.

Answer 3

True

Question 4

Congress can use its spending power to achieve social welfare objectives.

Question 5

If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, such as race, national origin or citizenship, the action will be subject to the rational-basis test.

Question 6

The term "Bill of Rights" includes all amendments passed in support of the Constitution.

Question 7

The commerce clause does not allow Congress to regulate commerce with foreign Nations, only the President can do that.

Question 8

The U.S. Constitution establishes a system of government based on the principle of federalism.

Question 9

Not all corporate speech is political speech.

Question 10

Corporations are not protected by the First Amendment.

Question 11

The system of checks and balances on the federal government does not include a check on the judicial branch because they determine what is constitutional.

Question 12

Some other countries' constitutions provide rights that American citizens do not have.

Question 13

There are ________ branches of government laid out in the U.S. Constitution.

A) six
B) five
C) four
D) three
E) two

Question 14

The privileges and immunities clause prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.

Question 15

The right to privacy is expressly provided for in the Constitution.

Question 16

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

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.

Question 17

The Third Amendment protects citizens from unreasonable search and seizure.

Question 18

Where are the three independent branches of the federal government stipulated in the Constitution?

A) The Bill of Rights
B) The first three amendments to the Constitution
C) The first three articles to the Constitution.
D) The Tenth Amendment.
E) The Preamble to the Constitution.

Question 19

Judicial review is explicitly laid out in the Constitution.

Question 20

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

A) It is allocated to the federal government.
B) It is allocated to the states.
C) It is allocated to local jurisdictions.
D) It is allocated to the U.S. Senate.
E) It is divided between federal and state governments.

Question 21

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

A) Fighting words are unprotected speech under the First Amendment.
B) Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen, not by a corporate representative.
C) Fighting words are protected speech under the First Amendment only if they involve political activity.
D) Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
E) Fighting words are protected speech under the First Amendment only if they are made in conjunction with self-defense.

Question 22

Cruel and unusual punishment is prohibited under the ________ Amendment.

A) Second
B) Fourth
C) Fifth
D) Eighth
E) Tenth

Question 23

The ________ Amendment extends most of the provisions of the Bill of Rights to the states, prohibiting state interference in citizen's rights.

A) First
B) Tenth
C) Fourteenth
D) Twenty-first
E) Twenty-fifth

Question 24

[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?

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.

Question 25

What do courts generally presume regarding laws passed in accordance with states' police power?

A) There is no presumption.
B) The laws are valid.
C) The laws are invalid.
D) The laws are invalid unless it involves a First Amendment right.
E) The laws are invalid unless it involves regulation of interstate commerce.

Question 26

Restrictions on states' authority to pass laws that substantially affect interstate commerce are referenced by which of the following?

A) The dormant commerce clause
B) The superior commerce clause
C) The interstate trafficking commerce clause
D) The tracking clause
E) The state authority clause

Question 27

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?

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.

Question 28

Bruno lives in Maryland and obtained a valid judgment against Jorge. The ________ requires a court in Vermont to uphold a valid judgment obtained in Maryland by Bruno.

A) The privileges and immunites clause
B) The dormant commerce clause
C) The preemption doctrine
D) The full faith and credit clause
E) The commerce clause

Question 29

Which amendment in the Bill of Rights guarantees a right to due process?

A) First
B) Second
C) Fifth
D) Sixth
E) Seventh

Question 30

In an early U.S. Supreme Court interpretation of the commerce clause, the Court ruled that ________ could regulate labor relations at a manufacturing plant because a work stoppage at the plant would seriously impact interstate commerce.

A) Congress
B) the President
C) the Senate
D) state legislatures
E) state governors

Question 31

[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.
In saying that Congress lacks the authority to tax states, is José correct?

A) He is incorrect. The U.S. Constitution contains no such reservation.
B) He is incorrect because while the U.S. Constitution prohibits taxation in areas in which states also tax, most states are not taxing for pet care purposes at this time.
C) He is incorrect in saying that the U.S. Constitution generally reserves the right to tax the states but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D) He is incorrect in saying that the U.S. Constitution generally reserves the right to tax the states but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E) He is incorrect because the prohibition against Congress imposing taxes apart from the federal income tax is contained in a federal statute passed by Congress, not in the U.S. Constitution.

Question 32

How many amendments are included in the Bill of Rights in the U.S. Constitution.

A) Eight
B) Ten
C) Thirteen
D) Twenty
E) Twenty-five

Question 33

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

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.

Question 34

How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional?

A) By vote of the U.S. Senate
B) By vote of the U.S. House of Representatives
C) By vote of both the U.S. Senate and the U.S. House of Representatives
D) By early common law
E) By executive proclamation

Question 35

Georgena believes that her company cannot force her to say prayer each morning before the work day starts. Which amendment to the Constitution would she look to for guidance?

A) First
B) Second
C) Fifth
D) Ninth
E) None, Georgena would have to do as her company requested or risk being fired.

Question 36

Trudy has moved from Texas to Alabama. The state does not allow nonresidents to seek employment without first passing a loyalty test to Alabama. Alabama has violated which clause?

A) The right employment clause
B) The privileges and immunities clause
C) The non-resident's rights clause
D) The commerce clause
E) The dormant commerce clause

Question 37

[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?

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.

Question 38

Today, when the First Amendment is concerned, what does the term "political speech" reference with regard to corporations?

A) Speech that occurs when corporations support political candidates.
B) Speech by any citizen in connection with an election campaign.
C) Speech by elected officials regarding other elected officials.
D) Speech by private citizens involving advertising that is regulated by state government.
E) While the term "political speech" has historical connections, the First Amendment is not referenced in relation to "political speech" today because today all speech is considered at the same level.

Question 39

[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"?

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.

Question 40

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

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 states

Question 41

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

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.

Question 42

When can government agents obtain a search warrant?

A) When they can establish reasonable cause.
B) When they can establish probable cause.
C) When they can establish cause to a substantial certainty.
D) Anytime they have an informant.
E) Anytime the judge is in his office and they show identification as government agents.

Question 43

Louisiana passes a law that changes the voting age and requirements for its citizens to vote. Which test will the courts use to evaluate the case?

A) Strict scrutiny
B) Intermediate scrutiny
C) Rational basis scrutiny
D) Popular scrutiny
E) Legal scrutiny

Question 44

Citizens are protected from unreasonable searches and seizures under which amendment?

A) First
B) Third
C) Fourth
D) Sixth
E) Tenth

Question 45

[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.
Would Sam have a right to a hearing?

A) Yes, due to Sam's right to substantive due process.
B) Yes, due to Sam's First Amendment rights.
C) Yes, due to Sam's right to procedural due process.
D) No, Sam's Fourth Amendment rights were not violated
E) No, due to Sam's Second Amendment rights.

Question 46

What does protection against "double jeopardy" mean?

A) The government cannot try a person more than once for the same crime.
B) The government cannot try a person more than twice for the same crime.
C) The government must have double proof to prosecute a person twice for the same crime.
D) The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E) The government may impose a double sentence on a repeat offender in order to protect the public.

Question 47

Under what circumstances could government agents engage in a search without a search warrant?

A) When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.
B) Outside of normal working hours for a judge.
C) When they can show that the suspect who lives in the residence at issue has been in jail previously.
D) When they can show that a felony is involved.
E) When they can show that they have heightened probable cause.

Question 48

What is the term for a court order that authorizes law enforcement agents to search for or seize items specifically described in the order?

A) Search warrant
B) Subpoena warrant
C) Search authorization form
D) Seek warrant
E) Review authorization

Question 49

The due process clauses establishes what two types of due process?

A) Substantive and independent
B) Procedural and independent
C) Commerce and independent
D) Substantive and procedural
E) Commerce and historical

Question 50

Which of the following is true regarding the right of the federal government to obtain business books and records?

A) The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B) The government has no rights to such records without a search warrant, and a grand jury subpoena is insufficient regardless of whether a sole proprietor or a corporate shareholder is involved.
C) Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D) Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination, but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination.
E) Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination, but seizing records from a sole proprietor in that manner does not violate rights against self-incrimination.

Question 51

[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.
Was the officer correct in telling Sam he had no right to remain silent?

A) The officer was incorrect, and Sam had the right to remain silent based on his constitutional protection against self-incrimination.
B) The officer was correct that Sam had no right to remain silent, and there has never been a constitutional right entitling a defendant to remain silent.
C) The officer was correct that Sam had no right to remain silent because while at one time there was a constitutional right entitling a defendant to remain silent, that right was repealed by constitutional amendment.
D) The officer was correct, and Sam had no right to remain silent because the right against self-incrimination only protects against crimes involving physical harm to another.
E) The officer was partially correct because while Sam had a right to remain silent about other crimes, he did not have the right to remain silent about the drugs found in the initial search.

Question 52

Which of the following is an exception to the rule that administrative searches usually require search warrants?

A) The regulatory exception
B) The reasonable-search exception
C) The pervasive-regulation exception
D) The compelling-need exception
E) The controlling-principle exception

Question 53

What does the free-exercise clause of the First Amendment provide?

A) Government cannot make a law prohibiting choice in relation to religion.
B) Government cannot make a law establishing a religion.
C) Government cannot make a law referencing religion in any manner.
D) Government must establish laws respecting religion in order to prevent disruptive behavior such as terrorism and to allow free-exercise by the majority.
E) That only religions recognized when the First Amendment was passed are entitled to recognition and protection.

Question 54

Which of the following is true regarding privacy rights?

A) The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B) The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C) The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D) The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E) The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution, and the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.

Question 55

If a person is tried for murder and acquitted (found not guilty), which amendment protects against double jeopardy and the person not being tried again?

A) The Third Amendment
B) The Fourth Amendment
C) The Fifth Amendment
D) The Ninth Amendment
E) The Tenth Amendment

Question 56

Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

A) Procedural due process
B) Substantive due process
C) Independent due process
D) The prohibition against taking
E) The prohibition against pervasive regulation

Question 57

What does the Fifth Amendment's takings clause reference?

A) The right of the government to take private property for public use without paying compensation to the owner.
B) The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C) The right of the government to put individuals in jail for up to ten days without a hearing.
D) The right of the government to put individuals in jail for up to five days without a hearing.
E) The requirement that the government compensate an owner for anything destroyed during a search.

Question 58

The Fifth Amendment's protection against self-incrimination encompasses which of the following?

A) A person only has to be a witness against himself or herself if a felony is involved.
B) A person does not have to be a witness against himself or herself if a first criminal offense is involved.
C) A person does not have to be a witness against himself or herself if prison time is involved as opposed to a mere fine.
D) A person does not have to be a witness against himself or herself in a criminal case.
E) A person has to be a witness against himself or herself.

Question 59

What does the establishment clause of the First Amendment provide?

A) Government cannot make a law prohibiting the free exercise of religion.
B) Government cannot make a law establishing a religion.
C) Government cannot make a law referencing religion in any manner.
D) Government must establish laws respecting religion in order to prevent disruptive behavior such as terrorism and to allow free-exercise by the majority.
E) That only religions recognized when the First Amendment was passed are entitled to recognition and protection.

Question 60

[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.
Did the police act within their rights by using the thermal imager?

A) The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
B) The police acted within their rights so long as they can show that the street was truly chosen at random for a search.
C) The police acted within their rights so long as they can show that Sam had been in jail previously on a drug offense charge.
D) The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E) The police violated Sam's Fourth Amendment rights in using the thermal imager.

Question 61

[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.
Leaf wants to file a lawsuit against the Department challenging his termination. What would a court most likely rule?

A) For the Department because the work rule did not substantially burden Leaf.
B) For the Department because it was only a work rule, and not a law.
C) For the Department because it did not violate the First Amendment.
D) For Leaf, because the work rule violated his free exercise of religion.
E) For Leaf, because the work rule violated the establishment clause.

Question 62

[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.
Creditors sued Hulio and Juanita and obtained a judgment in California. The couple, however, left the state and have resided in Nevada for the past two years. Would a court in Nevada uphold the California judgment?

A) Yes, under the full faith and credit clause.
B) Yes, under the commerce clause.
C) Yes, under the preemption doctrine.
D) No, because each state has the right not to honor a judgment from another state.
E) No, because this would be a federal case not a state case.

Question 63

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

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.

Question 64

[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.
Before his termination, Leaf tells Milo that he is drafting a California law that would provide funding to his church because the church serves to protect trees and the environment in general. Milo tells Leaf that such a law would violate the establishment clause of the U.S. Constitution. Under what circumstances would a state law be permissible under the establishment clause?

A) If it has a secular purpose.
B) If it has a secular purpose and does not foster an excessive government entanglement with religion.
C) If the government can prove either (1) it has a secular legal purpose, (2) has a primary effect of neither advancing nor inhibiting religion, or (3) does not foster an excessive government entanglement with religion.
D) If the government can prove it does not foster an excessive government entanglement with religion.
E) If it has a secular legal purpose, has a primary effect of neither advancing nor inhibiting religion, and does not foster an excessive government entanglement with religion.

Question 65

The City of JohnPaul in the state of Illinois passed an ordinance that banned spray paint in the city as a means to reduce graffiti. Townsend Paint Suppliers, a huge spray paint provider from Michigan, sued the City of JohnPaul stating that the new ordinance violated the dormant commerce clause. Is Townsend Paint Suppliers correct?

A) No, the legislation does not treat paint suppliers from out of state any differently than paint suppliers within the state and would be proper exercise of a state's police powers.
B) No, the ordinance violates the First Amendment not the dormant commerce clause.
C) No, this is a federal commerce clause violation and does not deal with any state interests.
D) Yes, this is a violation of the dormant commerce clause.
E) Yes, this is a violation but a federal court would most likely find that the commerce clause was violated instead of the dormant commerce clause.

Question 66

[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?

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.

Question 67

[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?

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.

Question 68

Which of the following is true regarding rights of the citizens of Belarus?

A) The constitution restricts movement outside of the country.
B) The defendant in a criminal case has no protection from providing evidence against himself or herself.
C) Citizens have the right to profess any religion, but they must profess some religion.
D) The constitution limits the workweek to 30 hours.
E) Citizens accused of crimes are presumed innocent until proven guilty.

Question 69

[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.
Which of the following is recognized by the Chinese constitution or laws?

A) Citizens' rights.
B) Natural rights.
C) Freedom of assembly.
D) Freedom of speech.
E) Human rights.

Question 70

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?

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.

Question 71

[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?

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.

Question 72

[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.
After his termination, Leaf returned to his office to pack his belongings. He uploaded a message on the Department's website, which stated that Milo was a thief and has stolen thousands of dollars from the State of California. Milo, who had not stolen money from the State, later sued Leaf for defamation. How would a court likely rule?

A) For Leaf because he has an absolute right to free speech under the First Amendment.
B) For Leaf because the rational-basis test applies.
C) For Leaf because he did not use any lewd, profane, or obscene words.
D) For Milo because the First Amendment does not protect defamatory speech.
E) For Milo, but only if Leaf also used fighting words.

Question 73

What was the Supreme Court ruling in Christy Brzonkala v. Antonio J. Morrison et. al., the case in the text involving the constitutionality of the section of the Violence Against Women Act providing for a civil remedy?

A) That Congress lacked authority under the Commerce Clause to pass the section at issue.
B) That because of its police powers, Congress had authority under the Commerce Clause to pass the section at issue.
C) That because gender-motivated crimes were at issue, Congress had authority under the Commerce Clause to pass the section at issue.
D) That because violent crime was involved, Congress had authority under the Commerce Clause to pass the section at issue.
E) That because the petitioner established a link between the cost of crime against women and national productivity, Congress had authority under the Commerce Clause to pass the section at issue.

Question 74

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?

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.

Question 75

Under which of the following circumstances would the government's search be considered "unreasonable" under the Fourth Amendment?

A) Searching digital information on a cell phone with a warrant.
B) Using a drug sniffing dog during a routine traffic stop with a warrant.
C) Using a drug sniffing dog during a routine traffic stop without a warrant.
D) Bringing a drug sniffing dog into someone's private home with a warrant.
E) Bringing a drug sniffing dog onto someone's front porch without a warrant.

Question 76

If a state passed a law prohibiting the use of contraceptives, would a court likely find this law to be unconstitutional?

A) Yes, unless the law can pass the rational-basis test.
B) No, as long as the law treats citizens from other states the same as citizens in that state.
C) No, as long as the law does not discriminate against women.
D) Yes, because it is an unreasonable seizure of property.
E) Yes, because it violates individuals' right to privacy.

Question 77

[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?

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.

Question 78

Montana implemented a new law that determined that males could not obtain their drivers licenses until they are 18. Females, on the other hand, could obtain their licenses at 16. If this law is challenged, what level of scrutiny would the courts use?

A) Rational basis scrutiny
B) Intermediate scrutiny
C) Strict scrutiny
D) Popular scrutiny
E) Systemic scrutiny

Question 79

[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.
Which of the following is an example of the system of checks and balances?

A) Congress can appoint a federal judge.
B) The President refuses to approve Congress' appointment of a federal judge.
C) Congress passes an amendment to overrule judicial rulings.
D) Congress declares a law unconstitutional.
E) The Supreme Court refuses to approve the president's appointment of a Cabinet member.

Question 80

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

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.