27.Since a series of cases in the 1980's, the Market Participant exception to the Dormant Commerce Clause

Select one:

a.

Has been eradicated

b.

has not been used

c.

remains available

d.

B and C above.

28.The Affectation Doctrine has virtually displaced the "Stream of Commerce" Doctrine

Select one:

a.

True

b.

False

Clear my choice

29.The Bill of Rights generally refers to

Select one:

a.

The Articles of the Constitution

b.

The Rights retained by the President

c.

The first ten amendments of the Constitution

d.

Article III of the Constitution

30.The Bill of Rights gives absolute power to the government over the rights of the individual

Select one:

a.

True

b.

False

31.The case of United States v. Lopez, broadened the commerce power.

Select one:

a.

True

b.

False

Clear my choice

32.The Court, inHeart of Atlanta Motel v. United States, held that congress had the power to prohibit racial discrimination in hotels and motels serving interstate travelers.

Select one:

a.

True

b.

False

33.The Dormant Commerce Clause applies to

Select one:

a.

Profit making entities only

b.

Profit making entities and charitable or non-profit entities

c.

Charitable or non-profit entities only

d.

Farm Subsidies only

34.The Eleventh Amendment is a bar to any suit against local government

Select one:

a.

True

b.

False

35.The general approach, as used by the court for reviewing socioeconomic legislation not affecting a fundamental right, is an application of which of the following

Select one:

a.

Strict Scrutiny

b.

Intermediate Standard of Review

c.

Rational Basis Approach

d.

None of the above

36.The Line Item Veto Act gave the President the power to cancel

Select one:

a.

the dollar amount of discretionary budget authority

b.

any item of new direct spending

c.

any limited tax benefit

d.

all of the above

37.The Modern Affectation Doctrine was fashioned in which of the following cases

Select one:

a.

McMulloch v. Maryland

b.

Stafford v. Wallace

c.

Fletcher v. Peck

d.

Wickard v. Filburn

38.The Political Question doctrine is most likely involved in areas of traditional Presidential or Congressional Competence.

Select one:

a.

True

b.

False

39.The restrictive view of the Commerce Power adopted in Hammer v. Dagenhart, 247 U.S. 251 (1918) as well as the Pretext Principle were rejected in which case

Select one:

a.

McCulloch v. Maryland

b.

Gibbons v. Ogden

c.

U.S. v. Darby

d.

Roe v. Wade

40.The "Case and Controversy" mandate of the US Supreme Court cana be found

Select one:

a.

in Article Two

b.

in the Bill of Rights

c.

in the First Amendment

d.

in Article Three

41.There are 50 State Jurisdictions. In order to avoid 50 different interpretations of the Constitution, State Courts are subject to the opinions handed down by the US Supreme Court.

Select one:

a.

True

b.

False

42.There are a number of doctrines whereby a Federal Court might dismiss a case without reaching the Constitutional merits. They may be grouped around which of the following issues:

Select one:

a.

Who may litigate

b.

When a constitutional question may be litigated

c.

Which Constitutional questions may be litigated

d.

All of the above

43.Under State Power pursuant to the Tenth Amendment, individual states

Select one:

a.

may further limit Free Speech

b.

may place term limits on Congressional candidates

c.

may not place term limits on congressional candidates

d.

may establish a religion

44.Under the US Constitution, the existence of which of the following Federal Court(s) is guaranteed

Select one:

a.

The US Supreme Court

b.

The US Supreme Court and the Federal District Courts

c.

The US Supreme Court and the US Court of Appeals

d.

The Federal District Courts and the US Court of Appeals

45.Where in the Constitution is the Right of Privacy specifically guaranteed ?

Select one:

a.

Under Articles I and III

b.

Under the Fourteenth Amendment

c.

Under the Fifth Amendment

d.

Nowhere.

46.Which branch of government is given absolute power

Select one:

a.

Executive

b.

Congress

c.

Judiciary

d.

None

47.Which of the following is critical to Executive Immunity

Select one:

a.

The identity of the actor

b.

The nature of the function performed

c.

The political parties of the Supreme Court Justices

d.

The political parties of the Executive Branch.

48.Which of the following is true?

Select one:

a.

The court has held that the right to assisted suicide is not a fundamental liberty interest protected by the Due Process Clause

b.

The right to die is a protected right

c.

There is a right to commit suicide

d.

None of the above

49.While Congress has no express power to legislate for the general welfare, Article I, Section 8 gives power to Congress to use federal monies to provide for the common defense and the general welfare

Select one:

a.

True

b.

False

50.While the power to declare war is constitutionally vested in Congress, under the War Powers Resolution, the President can commit armed forces without Congressional approval up to 60 days. This is an example of

Select one:

a.

Delegated authority

b.

Shared War Power

c.

All of the above

d.

None of the above