Question
Under the effects on interstate commerce test, the regulated activity does not itself have to be in interstate commerce. True False The Constitution prohibits a
Under the effects on interstate commerce test, the regulated activity does not itself have to be in interstate commerce.
True
False
The Constitution prohibits a state from adopting a law that directly discriminates against interstate commerce, such as a law that imposes special restrictions on only interstate commerce.
True
False
Laws that do not meet the substantive due process test are declared void for vagueness.
True
False
Under the effects on interstate commerce test, the regulated activity does not itself have to be in interstate commerce.
True
False
The Supremacy Clause is intended to foster the development of a national market and free trade among the states.
True
False
Which of the following is established by the Supremacy Clause of the U.S. Constitution?
a.The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
b.The legislative branch of the federal government is the supreme law-making authority in the country.
c.The President is the supreme and sovereign head of the United States.
d.The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner.
Stare decisis is the doctrine of ___________.
a.adhering to legal precedent
b.providing proof to assert a fact in court
c.separating powers between state and religion
d.ensuring all legal rights are provided to a person when otherwise deprived of them
Which of the following is true of the Equal Protection Clause of the Fourteenth Amendment?
a.It was enacted to provide equal rights to foreign companies operating in the U.S.
b.It offered equal rights to expatriate workers in the country.
c.It ensured equal rights to all the illegal immigrants in the U.S.
d.It was enacted to guarantee equality to freed African Americans.
Vanessa was born to American parents from a minority group in Miami. She applies to public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?
a.strict scrutiny
b.cogent basis
c.rational basis
d.intermediate scrutiny
An organization provides six months of maternity leave to its female employees. whereas its male employees can avail paternity leave for a maximum of two weeks. Which of the following tests is used to examine the lawfulness of this classification?
a.intermediate scrutiny
b.cogent basis
c.rational basis
d.strict scrutiny
The state of Camford in the United States passes a statute containing numerous requirements, some conflicting with the federal rules, covering the licensing of airplane pilots and the operation of aircraft. A pilot's constitutional challenge to this statue would succeed on the basis of __________.
a.the procedural due process clause
b.the preemption doctrine
c.the Equal Protection Clause
d.the substantive due process clause
The federal government possesses only the powers delegated to it by the U.S. Constitution.
True
False
Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words that imply that the President is doing a bad job of running the country. In accordance with the Freedom of Speech Clause, which of the following is valid?
a.Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
b.Jerome wearing that t-shirt is an instance of limited protected speech.
c.Wearing that t-shirt makes Jerome liable for prosecution on the basis of defamatory language.
d.Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
Jackson Manufacturing operates a steel fabrication plant in New Jersey. Jackson is subject to various federal tax laws. New Jersey has recently passed a state law that assesses a new tax on certain manufacturing firms, such as Jackson Manufacturing, in order to help pay for new state environmental clean-up operations. Jackson opposes this state law, arguing that the state lacks the power to assess this tax. Under these facts:
a.The state law is valid. The power to tax businesses is shared by the federal and state governments, and both may tax a business.
b.The state law is valid. The power of states to tax businesses is not subject to any limits.
c.The state law is invalid. The power to tax rests solely with the federal government.
d.The state law is invalid. While the power to tax is shared by the federal and state governments, states cannot impose a tax if the federal government has already done so.
The test of whether procedural due process is met is whether a "reasonable person" could understand the law to be able to comply with it.
True
False
Wood Inc. manufactures and sells furniture in interstate commerce. Wood's manufacturing plant is located in Chicago, Illinois. Under these facts, select the correct answer.
a.The federal government has the power to regulate Wood's business.
b.Subject to limits, Illinois has the power to regulate Wood's business conducted in Illinois.
c.Illinois does not have the power to regulate any aspect of Wood's business; states do not have the power to regulate any matters that the federal government regulates.
d.a and b.
Assume Congress enacted a law prohibiting open-pit uranium mines. State X then passed a law allowing mining companies to operate open-pit uranium mines within the state. Under these facts:
a.The state law is unconstitutional - it violates federal supremacy.
b.The state law is unconstitutional - it seeks to regulate interstate commerce.
c.The state law is constitutional - the state has the police power to regulate this activity.
d.The state law is constitutional - the federal government cannot regulate this activity
Intrastate matters that do not conflict with federal regulations are an exclusively state concern.
True
False
Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is _________.
a.libertarianism
b.Unitarianism
c.sovereignty
d.federalism
A speech is considered obscene when the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
True
False
According to the priority of law in the U.S., state regulations take precedence over state statutes.
True
False
Which of the following statements is true of the equal protection clause?
a.It fails to protect artificial persons such as corporations.
b.It is designed to prohibit unfair discrimination.
c.It is designed to make the classification of individuals unlawful per se.
d.It expressly applies to state and local government actions only.
Statutes are written laws that establish certain courses of conduct that covered parties must adhere to.
True
False
Subject to certain limits, a matter may be regulated by both the federal government and a state.
True
False
Which Amendment has both the due process clause and the equal protection clause explicitly in it?
a.5th
b.1st
c.14th
d.4th
The law consists of rules that regulate the conduct of individuals, businesses, and other organizations in society.
True
False
What was the key factor in the development of the English common law?
a.the supremacy of the king and his intervening powers when deciding cases
b.the development of forensic science in helping decide cases
c.the use of precedence of past cases for judges to decide similar cases
d.the subjective decision making of judges when it came to similar cases
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