Chapter 4. Constitutional Law
1. The Bill of Rights was included in the original U.S. Constitution.
a. True
b. False
2. According to the U.S. Constitution, the federal government is a government of enumerated, or limited, powers, and a
specified power must authorize each of its acts.
a. True
b. False
3. A law is not valid unless it complies with the U.S. Constitution.
a. True
b. False
4. The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.
a. True
b. False
5. Generally, the legislative branch of government has the power to enforce the law.
a. True
b. False
6. Action taken by private citizens may constitute state action if the state has encouraged the challenged private action
significantly.
a. True
b. False
7. The federal government‘s authority to govern economic matters flows from the Commerce Clause.
a. True
b. False
8. The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the
powers of the federal government to regulate business.
a. True
b. False
9. The Commerce Clause limits the power of states to tax.
a. True
b. False
10. The First Amendment allows free speech in any and all circumstances.
a. True
b. False
11. The rational relationship test, used by the courts to determine whether a certain governmental power exercised
impermissibly encroaches upon an interest the Constitution protects, is the most exacting of the three possible levels
of scrutiny used.
a. True
b. False
12. The First Amendment guarantee of free speech applies not only to individuals but also to corporations.
a. True
b. False
13. A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection
Clause.
a. True
b. False
14. The Fourteenth Amendment restricts the power of states to tax.
a. True
b. False
15. Judicial review is another phrase for an appeal of a lower court’s judgment.
a. True
b. False
16. The federal government’s power to tax has no limitations.
a. True
b. False
17. The Bill of Rights applies directly to the states.
a. True
b. False
18. A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove
actual malice to win the suit.
a. True
b. False
19. The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract
Clause restricts only actions of the states.
a. True
b. False
20. Both the Fifth and Fourteenth Amendments contain due process clauses.
a. True
b. False
21. In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states
to regulate activities if the result obstructs or unduly burdens interstate commerce.
a. True
b. False
22. The Bill of Rights restricts the power and authority of the federal government.
a. True
b. False
23. The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its
powers.
a. True
b. False
24. States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within
its constitutional powers.
a. True
b. False
25. Powers given exclusively to the federal government under the U.S. Constitution include the power to establish laws
governing bankruptcy and to coin money.
a. True
b. False
27. Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.
a. True
b. False
28. An official action by an agency of the city of Oakwood against one of its citizens would be considered “state
action.”
a. True
b. False
29. The Supreme Court, in Jackson v. Metropolitan Edison Co., held that a privately owned electric utility was subject
to the Due Process Clause because operating the utility was “state action” since the State had granted the utility a
monopoly.
a. True
b. False
30. “Eminent domain” refers to a governmental taking of private property for public use.
a. True
b. False
31. The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal
government.
a. True
b. False
32. Substantive due process addresses the fairness of the process by which a legal rule is applied.
a. True
b. False
33. Defamation is a form of speech wholly outside the protection of the First Amendment.
a. True
b. False
34. “Actual malice” in defamation cases against the press requires a showing that a reporter intentionally lied or
recklessly disregarded the truth.
a. True
b. False
35. The Supreme Court has held that, under the Due Process Clause, a driver’s license is property which cannot be
revoked without procedural due process.
a. True
b. False
36. In equal protection cases involving economic regulation, the courts use the rational relationship test.
a. True
b. False
37. In a sex discrimination case under the equal protection clause, the courts apply the strict scrutiny standard of review.
a. True
b. False
38. The federal government‘s power to tax is subject to the limitation that all custom duties and excise taxes must be
uniform throughout the United States.
a. True
b. False
39. Eminent domain is not one of the recognized inherent powers of government.
a. True
b. False
40. Most forms of speech are protected by the strict or exacting scrutiny standard.
a. True
b. False
41. Whatever powers are not specifically assigned to the United States by the Constitution are reserved to:
a. the federal government.
b. the state governments or the people.
c. the Supreme Court.
d. the Congress.
42. The main purpose of the Bill of Rights was to:
a. enumerate all of the rights of U.S. citizens.
b. list the powers of the federal government.
c. provide for restrictions on the power of the federal government.
d. provide limitations on the powers of individuals.
43. Which of the following would NOT be included in the powers of the federal government?
a. Power to tax a product produced and consumed exclusively in Alaska.
b. Power to grant government contracts to minority corporations.
c. Power to condemn a building to make way for an interstate highway.
d. Power to tax only incomes above $6,000.
44. The Contract Clause prevents a state from:
a. making contracts with private individuals.
b. affecting any agreements between private parties.
c. contracting with another state.
d. levying duties on imports that come into the state from other states.
45. Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved
as counsel. In that article, Cary was reported to have been disbarred in another state ten years before. It is not true
of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper:
a. simply by proving the falsity of the statement.
b. only if Frank was not disbarred.
c. only if he can prove that the paper acted with actual malice.
d. only if he can show harm to his character resulted from the statement.
46. A classification based on gender or “legitimacy” for a governmental action:
a. does not need to bear a substantial relationship to an important governmental objective.
b. eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational
relationship test.
c. does not allow taking into legislative consideration the natural physical differences of gender.
d. requires that men and women be treated exactly the same with regard to governmental action.
47. Procedural due process would require the government to establish a set of fair procedures in all but which of the
following cases?
a. Where social security benefits are denied.
b. Where a juvenile criminal is sent to a detention home.
c. Where a professor is fired from his tenured position.
d. Where a college student is denied a private scholarship.
48. Which of the following would NOT be subject to strict scrutiny in deciding if a law violates equal protection?
a. Legislative appropriations giving more money to single, poor women with dependent children, than to single,
poor men with dependent children.
b. Requiring black students to attend one high school and white students to attend another.
c. Restricting the right to vote to those who were born within the state.
d. Giving free lunches only to school children of Mexican descent.
49. Which of the following is NOT correct with regard to the Bill of Rights?
a. It serves as a major restriction on the powers and authority of the federal government.
b. It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes
many of its principles applicable to the states.
c. It consists of ten amendments to the U.S. Constitution that were adopted in 1791.
d. It was added to the U.S. Constitution about 3 weeks after the Constitution was first ratified.
50. The U.S. Constitution vests power in the branches of government that form a “check and balance” system. Those
branches of government are:
a. executive, administrative, legislative
b. legislative, administrative, judicial
c. judicial, legislative, executive
d. administrative, executive, judicial