1. The Fifth Amendment contains the “due process” restriction on actions by the federal government.
a.
True
b.
False
2. The doctrine of federalism serves to allocate power between the federal government and government by the states.
a.
True
b.
False
True
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-4 Federalism
Blooms: Knowledge
3. The U.S. Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.
a.
True
b.
False
True
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-2 Separation of Powers
Blooms: Knowledge
4. Under some circumstances a law passed by Congress may be valid even if it violates the U.S. Constitution.
a.
True
b.
False
False
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-2 Separation of Powers
Blooms: Comprehension
5. In CASE 4.1 National Federation of Independent Business v. Sebelius (2012), the U.S. Supreme Court held that the
insurance mandate of the Affordable Care Act (“Obamacare”) was a proper exercise of Congress’s power to regulate
True
Moderate
DISC: – AICPA: BB-Legal
4-12 Due Process Under the Fifth and Fourteenth Amendments
Blooms: Comprehension
interstate commerce.
a.
True
b.
False
6. The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate
commerce.
a.
True
b.
False
False
Moderate
4-14 Equal Protection
7. 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.
a.
True
b.
False
True
Moderate
8. In the case United States v. Lopez referenced in the text, the U.S. Supreme Court upheld the Gun-Free School Zones
Act, which banned guns near schools, as within Congress’s power under the Commerce Clause.
a.
True
b.
False
False
Moderate
True
Challenging
9. In the case District of Columbia v. Heller referenced in the text, the U.S. Supreme Court invalidated DC’s total ban on
handguns.
a.
True
b.
False
10. 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.
a.
True
b.
False
False
Moderate
11. Obscene material is protected speech under the First Amendment.
a.
True
b.
False
True
Moderate
12. 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.
a.
True
b.
False
False
Challenging
True
Moderate
13. Procedural due process focuses on the fundamental rights protected by the Due Process clauses.
a.
True
b.
False
14. When a governmental action affects a person’s life, liberty, or property, due process requires only a fair hearing.
a.
True
b.
False
False
Moderate
4-12 Due Process Under the Fifth and Fourteenth Amendments
15. Without a constitutional grant of power, the federal government cannot act.
a.
True
b.
False
True
Easy
16. 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.
a.
True
b.
False
True
Moderate
17. Members of the U.S. Supreme Court are appointed by Congress with the advice and consent of the President.
False
Moderate
4-12 Due Process under the Fifth and Fourteenth Amendments
a.
True
b.
False
18. In 2013, the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.
a.
True
b.
False
True
Easy
19. 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.
a.
True
b.
False
True
Moderate
20. Racist speech, no matter how disgusting or extreme, is unprotected by the First Amendment of the United States
Constitution.
a.
True
b.
False
False
Moderate
21. The Free Exercise Clause prohibits all restrictions on the practice of religion.
False
Easy
a.
True
b.
False
22. Over time the U.S. Supreme Court has changed its view of the scope of the Commerce Clause.
a.
True
b.
False
True
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-5 The Commerce Clause
Blooms: Application
23. 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
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-2 Separation of Powers
Blooms: Comprehension
24. In what year did the U.S. Constitution become effective?
a.
1776
b.
1789
c.
1774
d.
1790
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Introduction
Blooms: Knowledge
False
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-10 Freedom of Religion
Blooms: Comprehension
25. The Bill of Rights consists of which of the following?
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.
26. __________ gives the President a type of legal immunity which 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
Moderate
United States – BUSBROG: – Analytic
4-2 Separation of Powers
Blooms: Comprehension
27. 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
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-3 Supremacy Clause and Preemption
Blooms: Comprehension
28. 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.
a
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-7 Protection of Individual Liberties
Blooms: Knowledge
c.
not valid because it discriminated against men.
d.
invalid because Congress exceeded its authority under the Commerce Clause of the U.S. Constitution.
29. In CASE 4.3, Fisher v. University of Texas at Austin (2013), 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.
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
Blooms: Analysis
30. 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
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
4-5 Commerce Clause
Blooms: Application
31. Which of the following was the result at the U.S. Supreme Court level in the case of Board of Education of
Independent School District No. 92 of Pottawatomie County v. Earls, the case in the text involving whether a school
system requiring student-athletes to take a drug test without any suspicion of drug use violates the Fourth Amendment?
a.
That individualized suspicion is not a consideration in determining whether a search is reasonable and that the
searches at issue were, therefore, constitutional.
b.
That the searches were unconstitutional because no individual suspicion was present.
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
4-5 The Commerce Clause
Blooms: Analysis
c.
That the searches were unconstitutional because minors were involved regardless of whether or not individual
suspicion was present.
d.
That individualized suspicion is not always required and that the searches in the case were constitutional.
32. The __________ test is applied to determine whether or not 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
ANSWER:
POINTS:
DIFFICULTY:
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
TOPICS:
4-8 Freedom of Speech and the Press
KEYWORDS:
Blooms: Application
33. In CASE 4.2 Brown v. Entertainment Merchants Association (2011), involving the issue of whether a California
statute could prohibit the sale or rental of graphically violent video games to minors, what was the holding of of U.S.
Supreme Court?
a.
That the law was valid because the video games did not qualify for First Amendment protection.
b.
That the law was valid because minors are not entitled to First Amendment protection.
c.
That the law was invalid because the state could not establish a rational basis for it.
d.
That the law was invalid because the state could not satisfy the strict scrutiny test applied.
ANSWER:
POINTS:
DIFFICULTY:
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
TOPICS:
4-8 Freedom of Speech and the Press
KEYWORDS:
Blooms: Analysis
34. 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.
ANSWER:
ANSWER:
POINTS:
DIFFICULTY:
DISC: – AICPA: BB-Legal
TOPICS:
KEYWORDS:
Blooms: Analysis
35. A law enacted to punish a specific individual would be an example of a(n):
a.
bill of attainder.
b.
ex post facto law.
c.
proscriptive law.
d.
per se law.
a
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-7 Protection of Individual Liberties
Blooms: Comprehension
36. 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
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-15 Right to Jury Trial
Blooms: Comprehension
37. 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
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-8 Freedom of Speech and the Press
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-7 Protection of Individual Liberties
Blooms: Comprehension
38. 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
39. In the Citizens United v. Federal Election Commission case referenced in the text, 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.
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-8 Freedom of Speech and the Press
Blooms: Analysis
40. 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 __________.
a.
Habaeus corpus powers; health, safety, and welfare of the people
b.
Subpoena powers; health, safety, and welfare of the people
c.
Police powers; health, safety, and welfare of the people
d.
Criminal indictment powers; health, safety, and welfare of the people
c
Challenging
United States – AACSB: Technology
DISC: – AICPA: BB-Legal
4-4 Federalism
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-7 Protection of Individual Liberties
Blooms: Comprehension