38. The right to trial by jury

a. exists in all cases.

b. depends entirely on a states constitution.

c. cannot be waived.

d. exists in certain cases.

39. The U.S. Constitution

a. established a federal form of government.

b. established a unitary form of government.

c. established an imperial form of government.

d. can be amended only with the consent of all states in existence at the time of the amendment.

40. When the U.S. Congress chooses to act exclusively in an area of the law it is said

a. to dominate the area of the law.

b. to preempt the area of the law.

c. to be exercising its exclusionary authority.

d. to ignore states rights.

41. Commercial speech

a. is completely protected by the First Amendment.

b. is unprotected by the First Amendment.

c. is not protected by the First Amendment as extensively as non-commercial speech.

d. exists only when spoken or written by officers of a corporation.

42. The Establishment Clause of the U.S. Constitution

a. prohibits the creation of a central national bank.

b. created the federal judicial system.

c. was repealed in 1815 at the conclusion of the War of 1812.

d. prohibits showing preference to any religion.