Constitutional Principles

1. (p. 93) The U.S. Constitution establishes a system of government based on the principle of federalism.

2. (p. 93) Congress has the power to enact legislation, but the president can veto a law that Congress passes.

3. (p. 94) The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

4. (p. 94) Judicial review allows courts to review the constitutionality of lower courts’ decisions.

5. (p. 94) The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

6. (p. 95) Federal laws include laws passed by federal administrative agencies.

7. (p. 102) Congress can use its spending power to achieve social welfare objectives.

8. (p. 103) The fourteenth amendment is part of the Bill of Rights.

9. (p. 105) No First Amendment protections apply to corporations.

10. (p. 105) Not all corporate speech is political speech.

Multiple Choice Questions

11. (p. 93) According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

12. (p. 93) According to the ______ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

13. (p. 93) Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

14. (p. 93) The U.S. Constitution allocates the power of the federal government among _____ branches of the government.

15. (p. 93) What are the three independent branches of the federal government?

16. (p. 94) How was the process of judicial review established, under which courts review legislative and executive actions to determine whether they are constitutional?

17. (p. 95) Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land?

18. (p. 95) Which of the following is true regarding laws passed by the U.S. Congress under the authority of the commerce clause?

19. (p. 99) Reference: “Junk food.” Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What does the term “police power” reference?

20. (p. 100) Reference: “Junk food.” Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states’ police power?

21. (p. 101) Which of the following is true regarding the decision by the U.S. Supreme Court in the case Granholm v. Heald involving the sale of wine by out-of-state wineries?

22. (p. 102) Which of the following is true regarding federal taxation?

23. (p. 102) Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?

24. (p. 102) Which clause of the U.S. Constitution provides that, “Full Faith and Credit shall be given in each state to the public Acts, Records and judicial Proceedings of every other state”?

25. (p. 102) Reference: “Insurance.” Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.

Bill, another new senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Which of the following is true regarding Bill’s statement?

26. (p. 102) Reference: “Insurance.” Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.

Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Which of the following is true regarding Sam’s statement?

27. (p. 102) Reference: “Insurance.” Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for adults without insurance. She also proposed that states with citizens with higher than average incomes be taxed at a higher rate than other states.

Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen’s statement?

28. (p. 103) The first _____ amendments to the U.S. Constitution are known as the Bill of Rights.

29. (p. 103) Which amendment extends most of the provisions of the Bill of Rights to the states?

30. (p. 104) Which amendment provides that the government cannot infringe on citizens’ right to bear arms?

31. (p. 104) Which amendment prohibits cruel and unusual punishment?

32. (p. 105) When the First Amendment is concerned, what does the term “political speech” reference?

33. (p. 106) Which of the following is true regarding the Central Hudson test for commercial speech?

34. (p. 105-109) Which of the following is true regarding First Amendment protections?

35. (p. 109) Which of the following is true regarding the protection of “fighting words” under the First Amendment?

36. (p. 110) Which amendment protects freedom of religion?

37. (p. 110) As expressed in the text, which of the following expresses the United Nations declaration on hate speech?

38. (p. 110) What does the establishment clause of the First Amendment provide?

39. (p. 111) What does the free-exercise clause of the First Amendment provide?

40. (p. 111) A ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

41. (p. 111) When can government agents obtain a search warrant?

42. (p. 111) Which amendment protects citizens from unreasonable searches and seizures?

43. (p. 112) When may government agents search without a search warrant?

44. (p. 112-113) Which of the following is an exception to the rule that administrative searches usually require search warrants?

45. (p. 113) Which of the following is true regarding the right of the federal government to obtain business books and records?

46. (p. 113) Reference: “Thermal Imaging.” Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer, who just graduated from law school, is not sure if the police acted legally in Sam’s case by using the thermal imager. Which of the following is true on that issue?

47. (p. 114) Reference: “Thermal Imaging.” Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer, who just graduated from law school, is not sure if the police acted legally in Sam’s case by using the thermal imager. Sam’s lawyer also questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?

48. (p. 114) Reference: “Thermal Imaging.” Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer, who just graduated from law school, is not sure if the police acted legally in Sam’s case by using the thermal imager. Sam’s lawyer is concerned that the judge has not granted Sam a hearing. Which of the following references rights Sam had in regard to a hearing?

49. (p. 114) What does the Fifth Amendment’s protection against self-incrimination mean?

50. (p. 114) Which amendment protects against double jeopardy?

51. (p. 114) What does protection against “double jeopardy” mean?

52. (p. 114) Which amendment gives citizens the right not to testify against themselves?

53. (p. 114) Which of the following are types of due process?

54. (p. 114) Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

55. (p. 114-115) What does the Fifth Amendment’s takings clause reference?

56. (p. 116) Which of the following is true regarding privacy rights?

57. (p. 117) If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

58. (p. 117) If the law’s classification scheme is based on gender, the law will be subject to ___.

59. (p. 117) Which of the following is true regarding rights of the citizens of Belarus?

60. (p. 117) Reference: “Junk food.” Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, what will a court likely ask?

Essay Questions

61. (p. 93) Explain the system of checks and balances and explain how it works.

62. (p. 99) Explain the concept of the “dormant commerce clause.”

63. (p. 104-105) Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled “Fire” as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.

64. (p. 105-106) Set forth the Central Hudson Test for Commercial Speech.

The test has four aspects as follows:

(1) Does the speech concern an illegal activity? Is it misleading?

(2) Is the government interest served by the restriction on commercial speech substantial?

(3) Does the regulation directly advance the government interest asserted?

(4) Is the regulation more extensive than necessary to serve the government interest?

65. (p. 117) When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do court’s apply, if any, in cases involving this standard?