Question 1

In contrast to the federal government,state governments have general powers not specified in the Constitution.These general powers are often referred to as __________ that protect the health,safety,and welfare of the people.

Accepted Answer

Police powers refer to the general powers of state governments to create and enforce laws that protect the health, safety, and welfare of their citizens. These powers are not specifically mentioned in the Constitution but are reserved for the states under the Tenth Amendment. Habeas corpus powers refer to the right to challenge unlawful detention, subpoena powers refer to the power to compel testimony or evidence, and criminal indictment powers refer to the power to charge someone with a crime.

Question 2

Laws that punish actions that were not illegal when performed are known as:

Accepted Answer

Ex post facto laws are laws that make an act punishable although the act was legal when it was committed. The Constitution of the United States forbids Congress from passing ex post facto laws.

Question 3

The central Fourth Amendment question in the case of Board of Education of Independent School District No.92 of Pottawatomie County v.Earls,which involved drug testing of student athletes,was answered as follows:

Accepted Answer

The central Fourth Amendment question in the case was whether individualized suspicion is required for drug testing of student athletes. The Supreme Court ultimately held that individualized suspicion is not always required for school drug testing programs, and that the testing program in this case was constitutional because it was reasonably designed to detect and deter drug use among student athletes, and because the invasion of privacy was minimal.

Question 4

Based on various Supreme Court rulings,provisions in the Bill of Rights fundamental to the "American scheme of justice" are applicable to the States via the ______ Amendment.

Accepted Answer

The Fourteenth Amendment explicitly states that no state shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. This has been interpreted by the Supreme Court as incorporating certain provisions of the Bill of Rights (such as freedom of speech, religion, and the press) as applicable to the states.

Question 5

CASE 4.3 Brown v.Entertainment Merchants Association (2011)involved the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors.What was the ruling of the U.S.Supreme Court?

Accepted Answer

The ruling of the U.S. Supreme Court was that the law was invalid because the state could not satisfy the strict scrutiny test applied. The court found that video games are entitled to First Amendment protection and the state did not provide enough evidence to prove a compelling government interest in restricting the sale of violent video games to minors.

Question 6

In the case United States v.Morrison referenced in the text,the U.S.Supreme Court held that the Violent Crimes Against Women Act was

Accepted Answer

The U.S. Supreme Court held that the Violent Crimes Against Women Act was invalid because Congress exceeded its authority under the Commerce Clause of the U.S. Constitution. The Court concluded that the Act did not regulate economic activity and did not have a substantial effect on interstate commerce. Therefore, it was not a valid exercise of Congress's power under the Commerce Clause.

Question 7

Which of the following guarantees of individual rights is NOT contained in the original Constitution?

Accepted Answer

The freedom of speech is not explicitly stated in the original Constitution, but it is included in the First Amendment of the Bill of Rights, which was added to the Constitution in 1791. The original Constitution does contain guarantees such as the prohibition against bills of attainder, ban on ex post facto laws, and contracts clause.

Question 8

In order to hold a media defendant liable for statements made about a public figure,the plaintiff must show the media defendant acted with

Accepted Answer

In order to hold a media defendant liable for statements made about a public figure, the plaintiff must meet the high burden of proving that the media defendant acted with actual malice. This means they made the statement with knowledge that it was false or with reckless disregard for the truth. Negligence or inaccuracy alone is not enough to establish liability in defamation cases involving public figures. Intent to inflict monetary harm is not a necessary element in this type of case.

Question 9

______ gives the president a type of legal immunity that protects against the forced disclosure of presidential communications made in the exercise of executive power.

Accepted Answer

The term being referred to here is Executive Privilege, which allows the president to withhold certain information from other branches of government or the public in order to protect the confidentiality of presidential communications. It is not an absolute privilege, as it can be challenged and potentially overcome in court or through Congressional oversight efforts.

Question 10

The Fifth Amendment does NOT contain which of the following?

Accepted Answer

The Fifth Amendment does not contain a jury trial requirement. However, the Sixth Amendment does guarantee the right to a jury trial in criminal cases.

Question 11

The ______ test is applied to determine whether speech is protected by the First Amendment to the U.S.Constitution.

Accepted Answer

The "clear and present danger" test, established in the Supreme Court case Schenck v. United States (1919), is applied to determine whether speech is protected by the First Amendment. This test evaluates whether the speech in question presents a real and immediate threat to national security or public safety.

Question 12

The __________ Clause of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

Accepted Answer

The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution and establishes that federal laws, the Constitution, and federal treaties take priority over state laws and mandates that state judges must adhere to federal law in the event of any conflict.

Question 13

In the __________ case,the U.S.Supreme Court upheld Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion,or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests.

Accepted Answer

The Heart of Atlanta Motel, Inc. v. United States case dealt directly with Title II of the Civil Rights Act of 1964 and its prohibition of discrimination in lodging establishments. The other options do not have any relevance to this specific case or issue.

Question 14

In CASE 4.4,Fisher v.University of Texas at Austin (2016),the U.S.Supreme Court held that

Accepted Answer

In Fisher v. University of Texas at Austin (2016), the U.S. Supreme Court held that when race is involved, a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clauses using a strict scrutiny test.

Question 15

In CASE 4.2 the Citizens United v.Federal Election Commission regarding the constitutionality of corporate political expenditures,the U.S.Supreme Court

Accepted Answer

The Supreme Court in Citizens United v. Federal Election Commission ruled that federal laws banning corporate independent expenditures on political candidates and the prohibition on the use of corporate treasury funds for electioneering communications or express advocacy were unconstitutional, thereby allowing corporations to spend from their treasuries to support or oppose candidates through independent expenditures.

Question 16

The Free Exercise Clause prohibits all restrictions on the practice of religion,except in the workplace context.

Accepted Answer

The Free Exercise Clause prohibits government restrictions on the practice of religion, but it does not necessarily exempt individuals from workplace policies or rules that apply to everyone, regardless of religion. These issues often involve a balancing of religious freedom with other important interests, such as workplace safety or non-discrimination.

Question 17

Which of the following is NOT one of the three branches of government?

Accepted Answer

The three branches of government are the legislative, executive, and judicial branches. The administrative branch is not a legitimate branch of government.

Question 18

In what year did the U.S.Constitution become effective?

Accepted Answer

The U.S. Constitution became effective on March 4, 1789, after being ratified by nine of the original thirteen states.

Question 19

The Bill of Rights consists of:

Accepted Answer

The Bill of Rights is made up of the first ten amendments to the U.S. Constitution. These amendments were added to protect individual liberties and limit the power of the federal government.

Question 20

Over time,the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

Accepted Answer

The U.S. Supreme Court's interpretation of the scope of the Commerce Clause has evolved over time, with some decisions expanding and others limiting its reach.

Quiz 4: Constitutional Bases For Business Regulation