BUSI 604 Chapter 4
The Fifth Amendment contains the "due process" restriction on
actions by the federal government.
True
The doctrine of federalism serves to allocate power between the
federal government and government by the states.
True
The U.S. Supreme Court has original jurisdiction over cases affecting
ambassadors and cases in which a state is a party.
True
Under some circumstances a law passed by Congress may be valid
even if it violates the U.S. Constitution.
False
In CASE 4.1 Washington v. Trump (2012), the Ninth Circuit Court of
Appeals overturned a temporary restraining order against an
executive order that banned Syrian refugees from entering the
United States.
False
The Equal Protection Clause of the Fourteenth Amendment limits
the power of the federal government to regulate commerce.
False
In the case Clinton v. City of New York referenced in the text, the
U.S. Supreme Court struck down as unconstitutional the line-item
veto given to the President by Congress.
True
In the case United States v. Lopez, the U.S. Supreme Court upheld
the Gun-Free School Zones Act, which banned guns near schools as
a regulation of an activity that substantially affects interstate
commerce.
False
Beginning with National Labor Relations Board v. Jones & Laughlin
Steel Corp. (1937), virtually all federal regulation of commerce was
upheld under the Commerce Clause.
True
No provision in the Bill of Rights has been held to limit the actions
of state governments because the Bill of Rights only applies to
federal government actions.
False
Obscene material is protected speech under the First Amendment.
False
In the case Clinton v. City of New York referenced in the text, the
U.S. Supreme Court dealt with the question of the Supremacy
Clause of the United States Constitution.
False
Procedural due process focuses on the fundamental rights protected
by the Due Process clauses.
False
When a governmental action affects a person's life, liberty, or
property, due process requires only a fair hearing
False
A federal law that conflicts with a state law is preempted by the
state law.
False
The famous case of Marbury v. Madison (1803) gave federal courts
the power to review acts of the other two branches of the federal
government to determine the existence of constitutional violations.
True
Members of the U.S. Supreme Court are appointed by Congress with
the advice and consent of the President.
False
In 2013, the Senate curtailed the power of the filibuster to delay
votes on executive and judicial nominees.
True
The executive privilege fails to protect the president during his or
her term of office from civil litigation over events that occurred
before he or she took office.
True
Racist speech is protected by the First Amendment of the U.S.
Constitution, similar to the protections in most European countries.
False
The Free Exercise Clause prohibits all restrictions on the practice of
religion, except in the workplace context.
False
Over time, the U.S. Supreme Court has changed its view of the
scope of the Commerce Clause.
True
Which of the following is NOT one of the three branches of
government?
a. The legislative branch
b. The judicial branch
c. The administrative branch
d. The executive branch
c. The administrative branch
In what year did the U.S. Constitution become effective?
a. 1776
b. 1789
c. 1774
d. 1790
b. 1789
The Bill of Rights consists of:
a. the first ten amendments to the U.S. Constitution.
b. the first five amendments to the U.S. Constitution.
c. all amendments to the U.S. Constitution.
d. all amendments to the U.S. Constitution after the first ten
amendments were passed.
a. the first ten amendments to the U.S. Constitution.
______ gives the president a type of legal immunity that protects
against the forced disclosure of presidential communications made
in the exercise of executive power.
a. Immunity privilege
b. Federal privilege
c. Executive privilege
d. Mandated privilege
c. Executive privilege
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.
a. Supremacy
b. Federalization
c. Legalism
d. Preemption
a. Supremacy
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
a. validly enacted under the authority of the due process clause of
the U.S. Constitution.
b. validly enacted under the authority of the equal protection clause
of the U.S. Constitution.
c. not valid because it discriminated against men.
d. invalid because Congress exceeded its authority under the
Commerce Clause of the U.S. Constitution.
d. invalid because Congress exceeded its authority under the Commerce
Clause of the U.S. Constitution.
In CASE 4.4, Fisher v. University of Texas at Austin (2016), the U.S.
Supreme Court held that
a. when race is involved, a university admission test must be
analyzed under the Fourteenth Amendment's Equal Protection
clauses using a strict scrutiny test.
b. when gender is involved, a university admission test must be
analyzed under the Fourteenth Amendment's Equal Protection
clause using a rational basis test.
c. a university admission test must be analyzed under the Fifth
Amendment's rational basis test.
d. when gender is involved, a university admission test must be
analyzed under the Fourteenth Amendment's Equal Protection
clause using the substantially-related test.
a. when race is involved, a university admission test must be analyzed under
the Fourteenth Amendment's Equal Protection clauses using a strict scrutiny
test.
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.
a. Gibbons v. Ogden
b. Reno v. Condon
c. Heart of Atlanta Motel, Inc. v. United States
d. Sweet Dreams Hotel v. United States and State Department
c. Heart of Atlanta Motel, Inc. v. United States
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:
a. individualized suspicion is a consideration in determining whether
a search is reasonable and the searches at issue were, therefore,
unconstitutional.
b. the searches were unconstitutional because of the nature of
privacy.
c. the searches were constitutional because minors were involved
and individual suspicion was present.
d. individualized suspicion is not always required and the searches
in the case were constitutional.
d. individualized suspicion is not always required and the searches in the
case were constitutional.
The ______ test is applied to determine whether speech is protected
by the First Amendment to the U.S. Constitution.
a. incitement of violence
b. Brandenburg
c. espionage and sedition
d. clear and present danger
d. clear and present danger
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?
a. The law was valid because the video games did not qualify for
First Amendment protection.
b. The law was valid because minors are not entitled to First
Amendment protection.
c. The law was invalid because the state could not establish a
rational basis for it.
d. The law was invalid because the state could not satisfy the strict
scrutiny test applied.
d. The law was invalid because the state could not satisfy the strict scrutiny
test applied.
Laws that punish actions that were not illegal when performed are
known as:
a. bills of attainder.
b. proscriptive laws.
c. ex post facto laws.
d. criminal laws.
c. ex post facto laws
Which of the following guarantees of individual rights is NOT
contained in the original Constitution?
a. Prohibition against bills of attainder
b. Ban on ex post facto laws
c. Contracts clause
d. Freedom of speech
d. Freedom of speech
The Fifth Amendment does NOT contain which of the following?
a. Self-incrimination provision
b. Grand jury requirement
c. Jury trial requirement
d. Double jeopardy prohibition
c. Jury trial requirement
In order to hold a media defendant liable for statements made
about a public figure, the plaintiff must show the media defendant
acted with
a. actual malice.
b. negligence.
c. only inaccuracy.
d. intent to inflict monetary harm.
a. actual malice.
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.
a. Tenth
b. Eleventh
c. Thirteenth
d. Fourteenth
d. Fourteenth
In CASE 4.2 the Citizens United v. Federal Election Commission
regarding the constitutionality of corporate political expenditures,
the U.S. Supreme Court
a. upheld federal laws banning corporate independent expenditures
on political candidates and also upheld the federal prohibition on
the use of corporate treasury funds for electioneering
communications or express advocacy.
b. upheld federal laws banning corporate independent expenditures
on political candidates but struck as unconstitutional the federal
prohibition on the use of corporate treasury funds for electioneering
communications or express advocacy.
c. struck down as unconstitutional federal law banning corporate
independent expenditures on political candidates but upheld the
federal prohibition on the use of corporate treasury funds for
electioneering communications or express advocacy.
d. struck down as unconstitutional federal law banning corporate
independent expenditures on political candidates and also struck
down as unconstitutional the federal prohibition on the use of
corporate treasury funds for electioneering communications or
express advocacy.
d. struck down as unconstitutional federal law banning corporate
independent expenditures on political candidates and also struck down as
unconstitutional the federal prohibition on the use of corporate treasury
funds for electioneering communications or express advocacy.
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.
a. habeas corpus powers
b. subpoena powers
c. police powers
d. criminal indictment powers
c. police powers
In deciding the case, Citizens United v. Federal Election Commission,
in which the constitutionality of the federal law providing that
televised electioneering communications funded by anyone other
than a candidate must include a disclaimer setting forth identifying
information as to sponsorship, the Supreme Court ruled that:
a. the law was unconstitutional only if a corporate entity, not an
individual, sponsored the communication.
b. the law was unconstitutional only if an individual, not a corporate
entity, sponsored the communication.
c. the law was unconstitutional in that it involved small
expenditures as well as larger ones.
d. the law was constitutional.
d. the law was constitutional.
The division of power among the executive, legislative and judicial
branches of government is typically referred to as
a. federalism.
b. judicial review.
c. separation of powers.
d. the Supremacy clause.
c. separation of powers.
In the case Junger v. Daley, a professor challenged regulations
involving the posting to a website of human readable source code of
an encryption software program. The court held that:
a. computer source code is not protected by the First Amendment.
b. computer source code is protected by the First Amendment and
that restrictions to such code are reviewed under a rational basis
standard.
c. computer source code is protected by the First Amendment and
that restrictions to such code are reviewed under the substantially
related test.
d. computer source code is protected by the First Amendment and
that restrictions to such code are reviewed under a strict scrutiny
standard.
c. computer source code is protected by the First Amendment and that
restrictions to such code are reviewed under the substantially related test.
Congress can override a president's veto by a _____ vote of both the
House of Representatives and the Senate.
a. majority
b. two-thirds
c. three-quarters
d. unanimous
b. two-thirds
The president has the power to make treaties with the advice and
consent of:
a. the House of Representatives.
b. the Senate.
c. both the House of Representatives and the Senate.
d. either the House of Representatives or the Senate.
b. the Senate.
Because of the __________ provision of the U.S. Constitution, a person
cannot be tried twice for the same crime.
a. ex post facto
b. bill of attainder
c. double jeopardy
d. privileges and immunities
c. double jeopardy
In United States v. Windsor (2013), the U.S. Supreme Court
addressed the question of
a. whether the case should be analyzed using a strict scrutiny
analysis.
b. the constitutionality of a state statute denying state benefits to
same-sex couples who were married in states where same-sex
marriage is legal.
c. the constitutionality of a federal statute denying federal benefits
to same-sex couples who were married in states where same-sex
marriage is legal.
d. whether the case should be analyzed using a rational basis
analysis.
c. the constitutionality of a federal statute denying federal benefits to same-
sex couples who were married in states where same-sex marriage is legal.
Within the ruling of _____, which found that Connecticut's law
against preventing conception was unconstitutional, the Supreme
Court discussed the "penumbra" of rights surrounding each
guarantee in the Bill of Rights.
a. Roe v. Wade
b. Griswold v. Connecticut
c. Planned Parenthood v. Casey
d. Gonzalez v. Carhart
b. Griswold v. Connecticut
Under the Seventh Amendment, in a suit at common law, __________.
a. legal rights are to be ascertained and monetary damages
awarded
b. the suit involves only equitable rights and remedies
c. injunctions are the main remedy
d. proceedings do not include a jury
a. legal rights are to be ascertained and monetary damages awarded
Preemption of state law when it directly conflicts with federal law is
known as _____ preemption, whereas preemption of state law when
Congress has manifested intent to regulate an entire area without
state participation is known as _____ preemption.
a. absolute; implied
b. express; absolute
c. express; field
d. absolute; field
c. express; field
The _____ Amendment provides that no state shall "deprive any
person of life, liberty, or property, without due process of law."
a. Seventh
b. Tenth
c. Eleventh
d. Fourteenth
d. Fourteenth
The general power retained by the states to protect the health,
safety, welfare, and morals of state residents is often referred to as
____ power.
a. police
b. regulatory
c. protective
d. community
a. police
When equal protection is concerned, classifications based on gender
are subject to the _____ test.
a. rational basis
b. strict scrutiny
c. substantially related
d. gender-based
c. substantially related
To make way for a new freeway around the city, the state and
federal governments purchased private lands at a fair price because
of their right to _____ under the _____Amendment.
a. eminent domain; Fourth
b. eminent domain; Fifth
c. expropriate property; Sixth
d. rezone land; Third
b. eminent domain; Fifth
Even when Congress has taken no action in regard to a matter, the
______ Commerce Clause may impose restrictions on state action.
a. dormant or negative
b. dormant or positive
c. relative or positive
d. relative or negative
a. dormant or negative
Mirren is a legal secretary for Averil, a partner in a large law firm in
Knoxville. Averil finds Mirren quite annoying. The last straw occurs
when Mirren tells Averil that Averil looks pale and appears to have
been partying a bit too hard. Averil fires Mirren on the spot. Mirren
tells Averil that, based on constitutional law, Averil is guilty of
violating not only Mirren's due process rights but equal protection
rights as well. Mirren claims to be entitled to a hearing before any
disciplinary action is taken, and that the firm's practice is that all
secretaries are entitled to tell attorneys when they do not appear to
be functioning at their best. Mirren is filing suit tomorrow.
Refer to Fact Pattern 4-1. Which of the following is true regarding
Mirren's ability to win on a claim alleging violation of the due
process clause of the U.S. Constitution?
a. Mirren will win only by establishing that the law firm has at least
one governmental client.
b. Mirren will win by establishing that all other secretaries fired
within at least the last year were given a hearing before
termination.
c. Mirren will win by establishing that at least one secretary fired
within the last year was given a hearing before termination.
d. Mirren will lose because no governmental action was involved.
d. Mirren will lose because no governmental action was involved.
Mirren is a legal secretary for Averil, a partner in a large law firm in
Knoxville. Averil finds Mirren quite annoying. The last straw occurs
when Mirren tells Averil that Averil looks pale and appears to have
been partying a bit too hard. Averil fires Mirren on the spot. Mirren
tells Averil that, based on constitutional law, Averil is guilty of
violating not only Mirren's due process rights but equal protection
rights as well. Mirren claims to be entitled to a hearing before any
disciplinary action is taken, and that the firm's practice is that all
secretaries are entitled to tell attorneys when they do not appear to
be functioning at their best. Mirren is filing suit tomorrow.
Refer to Fact Pattern 4-1. Which of the following is true regarding
Mirren's ability to win on a claim alleging violation of the equal
protection clause of the Fourteenth Amendment to the U.S.
Constitution?
a. Mirren will lose because no statute or other action involving the
government was involved.
b. Mirren will lose only if other secretaries have been fired under
similar circumstances.
c. Whether Mirren will lose or win depends on whether the judge
decides to apply a strict scrutiny test to Mirren's claims.
d. Whether Mirren will lose or win depends on whether the judge
decides to apply a rational basis test to Mirren's claims.
a. Mirren will lose because no statute or other action involving the
government was involved.
Wallace, a law school student, is an intern for Regan, an assistant
professor who is attempting to get tenure at Imperial Law School in
part by getting an article published on the right to a jury trial.
Regan asks Wallace to explain the right to a jury trial under the U.S.
Constitution as applied to jury trials involving state law.
Refer to Fact Pattern 4-2. Which of the following sections of the U.S.
Constitution should Wallace reference when discussing the matter
of the right to a jury trial with Regan?
a. The First Amendment
b. The Fifth Amendment
c. The Seventh Amendment
d. Article One, Section Eight
c. The Seventh Amendment
Wallace, a law school student, is an intern for Regan, an assistant
professor who is attempting to get tenure at Imperial Law School in
part by getting an article published on the right to a jury trial.
Regan asks Wallace to explain the right to a jury trial under the U.S.
Constitution as applied to jury trials involving state law.
Refer to Fact Pattern 4-2. Does the U.S. Constitution require that
jury trials be held in state court civil cases?
a. There is no federal constitutional requirement that jury trials be
held in state court civil cases.
b. The federal Constitution requires that jury trials be held in state
court civil cases only if the controversy involved exceeds the
amount of $75,000.
c. The federal constitution requires that jury trials be held in state
court civil cases only if the controversy involved exceeds the
amount of $20.
d. In all state court civil cases, the federal Constitution gives any
party the right to demand a jury trial.
a. There is no federal constitutional requirement that jury trials be held in
state court civil cases.
Wallace, a law school student, is an intern for Regan, an assistant
professor who is attempting to get tenure at Imperial Law School in
part by getting an article published on the right to a jury trial.
Regan asks Wallace to explain the right to a jury trial under the U.S.
Constitution as applied to jury trials involving state law.
Refer to Fact Pattern 4-2. What is the provision in the U.S.
Constitution about jury trials being held in federal civil court cases
involving diversity jurisdiction and applying state law (GTFM, LLC v.
TKN Sales, Inc.)?
a. The U.S. Constitution requires that a jury trial be held only if the
controversy exceeds the amount of $75,000, and the parties
involved are all residents of the same state.
b. The U.S. Constitution requires that a jury trial be held in all such
trials.
c. The U.S. Constitution does not provide the right to a jury in such
situations.
d. The U.S. Constitution provides that when a federal court has
jurisdiction in a case based solely on diversity of citizenship, the
federal court should require a jury trial only if a state court in that
state would require a jury trial.
d. The U.S. Constitution provides that when a federal court has jurisdiction in
a case based solely on diversity of citizenship, the federal court should
require a jury trial only if a state court in that state would require a jury trial.
As the owner of a restaurant seating 150 people, Peyton learns of a
newly enacted city regulation that requires restaurants that seat
more than 100 people be inspected by the health department on a
monthly basis whereas smaller restaurants would only be inspected
twice per year. Peyton also learned that Frankie, the local mayor,
was able to get passed a law requiring that restaurants owned by
graduates of culinary schools pay a higher fee to receive a business
license than those without culinary degrees. Peyton is angry about
both laws and wants to take action to have them struck down.
Refer to Fact Pattern 4-3. Under the Equal Protection clause, which
of the following would be the city's best argument that the law
pertaining to more frequent inspections of larger restaurants should
be upheld?
a. Under the rational basis test, inspections by the health
department are needed in order to guard against food-borne
illnesses.
b. Under the strict scrutiny test, larger restaurants are important to
the tax basis of the community and should, therefore, be inspected
more often to guard against illness and resulting lawsuits that could
impact the ability of the restaurants to remain in business.
c. Under the substantially related test, owners of larger restaurants
should expect to be inspected more often because products used in
interstate commerce are invariably involved.
d. Under the common good test, large restaurants should be
inspected more often in order to protect the community's tax base.
a. Under the rational basis test, inspections by the health department are
needed in order to guard against food-borne illnesses.
