51. Which of the following is correct with regard to the powers of government in the United States?
a. The federal government is a government of enumerated powers.
b. The federal government is all-powerful except in cases of state criminal law.
c. Legislation enacted by Congress does not need to be based on a specific power granted to the federal
government by the Constitution or be reasonably necessary to carry out a specified power..
d. Congress may not enact legislation that affects the states.
52. According to the Tenth Amendment, “the powers not delegated to the United States, by the Constitution, nor
prohibited by it to the states, are reserved to the states respectively or to the people.” This principle is:
a. separation of powers.
b. supremacy.
c. preemption.
d. federalism.
53. In the case of , Chief Justice Marshall stated, “This great principle is, that the Constitution and the laws made in
pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be
controlled by them.”
a. McCulloch v. Maryland
b. Marbury v. Madison
c. Shelley v. Kraemer
d. Marsh v. Alabama
54. The and Amendments respectively prohibit the federal and state governments from depriving any person
of life, liberty, or property without due process of law.
a. First, Tenth
b. Fifth, Fourteenth
c. Fourth, Fourteenth
d. Fifth, Ninth
55. The case declared the authority of courts to examine governmental actions to determine whether they conform
to the U.S. Constitution.
a. Abrams v. United States
b. Marsh v. Alabama
c. Marbury v. Madison
d. McCulloch v. Maryland
56. Which of the following is a major limitation on the federal government’s power to tax?
a. Indirect taxes must be apportioned among the states.
b. All custom duties and excise taxes must be uniform throughout the United States.
c. Progressive tax rates are prohibited.
d. There are loopholes in the tax code which allows many people to avoid paying taxes.
57. John is a Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit
to AIDS testing. The courts will review this law based on:
a. deference to the legislature as to whether such a classification of persons is constitutionally permissible.
b. whether there is clear and convincing evidence that there is no reasonable basis for the legislation.
c. the rational relationship test.
d. the strict scrutiny test.
58. Which of the following is included in the Fourteenth Amendment?
a. Free speech clause.
b. Equal protection.
c. Freedom from self–incrimination.
d. Right to bear arms.
59. The Supreme Court interprets the Commerce Clause:
a. narrowly.
b. as granting virtually complete power to Congress to regulate the economy.
c. as restricting Congress to the coining of money and taxation.
d. as granting Congress the power to take property under eminent domain.
60. The Commerce Clause in connection with the limits the power of the states to tax.
a. Fifth and Fourteenth Amendments
b. Fifth Amendment
c. principle of separation of powers
d. Import-Export Clause
61. For the purposes of procedural due process,
social security payments and food stamps.
a. the right of free speech
b. equal protection
c. property
d. liberty
includes certain entitlements conferred by government, such as
62. A classic and important example of strict scrutiny of classifications based upon race is the desegregation case of:
a. Board of Curators of the University of Missouri v. Horowitz.
b. Silkwood v. Kerr-McGee Corporation.
c. New York Times v. Sullivan.
d. Brown v. Board of Education of Topeka.
63. What constitutional principle requires that similarly situated people be treated similarly by government?
a. Free speech
b. Equal protection
c. Due process
d. Eminent domain
64. Because defamation involves a communication, the protection extended to speech by the Amendment applies.
a. Fourth
b. Fifth
c. First
d. Fourteenth
65. In the Supreme Court’s view, the “Necessary and Proper” Clause:
a. authorizes Congress to legislate only in areas mentioned in the list of enumerated powers.
b. enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such
legislation reasonably relates to some enumerated power.
c. extends “state action” to action taken by private citizens whenever such interpretation is necessary to protect
a fundamental right.
d. restricts state regulations that obstruct interstate commerce.
66. The requirement that a classification have a substantial relationship to an important governmental objective is known
as the:
a. rational relationship test.
b. strict scrutiny test.
c. intermediate test.
d. Contract Clause.
67. A state constitutional provision conflicts with a valid federal statute. Under the Supremacy Clause:
a. the federal statute is supreme.
b. the state constitutional provision is supreme.
c. the federal statute is supreme if Congress has expressly so provided.
d. the state constitutional provision is supreme if it expressly so states.
68. The U.S. Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:
a. only the channels of interstate commerce.
b. the channels and instrumentalities of interstate commerce, as well as those activities having a substantial
relation to interstate commerce.
c. only the instrumentalities of interstate commerce.
d. only the channels and instrumentalities of interstate commerce.
69. Judicial review is:
a. a power of federal, but not state, courts.
b. a check by the judicial branch on legislative or executive action.
c. a check by the executive branch on judicial action.
d. a check by the legislative branch on judicial action.
70. State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit,
custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the
court will:
a. not defer to the legislature and will independently determine whether such a classification of persons is
constitutionally permissible.
b. determine that fundamental rights and a suspect classification are involved in this legislation.
c. only require that the legislation conceivably bear some rational relationship to a legitimate governmental
interest.
d. review the legislation to see if it bears a substantial relationship to an important governmental objective.
71. The legislative branch‘s primary check on both the judicial and executive branches is the power to:
a. veto executive or judicial decisions.
b. approve appointments to the courts and agencies.
c. appoint judges and cabinet officials.
d. pass laws that establish term limits for the president and judges.
72. If private entities engage in public functions, constitutional guarantees such as free speech and due process may
apply to their actions under the doctrine.
a. state action
b. federal preemption
c. interstate commerce
d. supremacy
73. The federal government has been enabled to establish a national banking system and the Federal Reserve System
because of:
a. the Article I, Section 8, constitutional grants to Congress of the power to borrow money on the credit of the
United States and the power to coin money.
b. powers derived from the Commerce Clause.
c. delegation by the state governments of some of their enumerated powers.
d. the Contract Clause contained in Article I, Section 10 of the Constitution.
e. Both (a) and (b).
74. The Clause protects against impairing the charter of a corporation formed under a state incorporation statute.
a. Supremacy
b. Commerce
c. Contract
d. Takings
75. A star basketball player in the NBA:
a. is a “public figure” with respect to a defamation action against a newspaper.
b. is a “public official” with respect to a defamation action against a newspaper.
c. may win a defamation case against the media if he can prove the media acted negligently in reporting an
untruth about him.
d. is not subject to the “actual malice” test in defamation actions against the press.
76. Since , the U.S. Supreme Court has abandoned its earlier approach in substantive due process cases and no
longer overturns economic and social legislation, so long as it is rationally related to legitimate governmental
objectives.
a. 1812
b. 1937
c. 1954
d. 1980
77. Since the Supreme Court’s abandonment of substantive due process as a critical check on legislation involving
individual rights, the Clause is now the most important clause in this regard.
a. Procedural Due Process
b. State Action
c. Equal Protection
d. Fundamental Rights
78. A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have
her case reviewed under the test of the Equal Protection Clause.
a. rational relationship
b. intermediate
c. strict scrutiny
d. basic
79. The principle of concerns the compatibility of a law or governmental action with fundamental constitutional
rights, such as free speech.
a. procedural due process
b. substantive due process
c. the rational relationship test
d. equal protection
80. The State where Laura’s father had lived passes a statute which requires that male heirs be preferred over female
heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father’s estate, but
so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a
violation of the Equal Protection Clause of the Fourteenth Amendment. The case is now under consideration by the
United States Supreme Court. In deciding the constitutionality of the provision, the Court will:
a. apply the rational relationship test.
b. apply the strict scrutiny test.
c. apply the intermediate standard test.
d. create a new test.
81. Dr. David Doright is a professor at a state university. One day he has an argument with the president of the
university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He
sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. In this case:
a. Dr. Doright has no right to a hearing since this is not a criminal case..
b. Dr. Doright appears to have been denied the equal protection of the law.
c. the firing by a state university is state action involving a property right that would entitle Dr. Doright to a
hearing and an opportunity to respond to the allegations against him.
d. the U.S. Constitution does not apply.
82. How does the Due Process Clause of the Fourteenth Amendment differ from the Due Process Clause of the Fifth
Amendment?
a. The Fourteenth Amendment clause protects individuals from violations of their rights by state governments.
b. The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth
Amendment clause does not.
c. The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as
well as the government.
d. The Fourteenth Amendment clause requires the application of strict scrutiny in all cases.
83. Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal
protection. What are the three tests? When is each applied? In your opinion, why have different tests been
developed?
84. Identify the federal commercial and fiscal powers and give the source in the Constitution where the power is granted
to the federal government. Explain what is meant by each.
85. What rights are protected by the First Amendment? What sorts of speech are constitutionally protected? Is
defamation protected by the First Amendment? Explain.
86. The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state. Several airlines
challenge the legislation as unconstitutional. What is the likely result of the court case? Explain.
87. Define defamation.
88. Briefly discuss the Contract Clause of the U.S. Constitution.
89. Identify the purpose of the U.S. Constitution as stated in its preamble.