Advertising is protected by the First Amendment unless it is false and misleading.
The Constitution is the supreme law of the land because it says that it is.
The federal government has the power to spend for the “general welfare.”
Cross burning is never protected by the First Amendment.
No state regulation of abortion is constitutional.
The right of the president to utilize a line-item veto has been approved by the
Supreme Court.
Income tax requirements cannot deprive a person of his or her Fifth Amendment rights
against self-incrimination.
The Supreme Court held that laws cannot interfere with mere religious beliefs or
opinions but they may with religious practices such as polygamy.
“One person, one vote” does not occur when the number of elected officials from
different districts or geographical areas is not in proportion to the population of each
district or if districts are configured in such a way as to defeat the interests of minority
groups.
The powers of the state and federal governments are all mutually exclusive.
The power of eminent domain is found in the Constitution.
The Supreme Court has held that a state may prohibit the use of public facilities and
public employees to perform abortions.
A physical taking often occurs through a condemnation proceeding instituted by the
government.
The Supreme Court held that a clergy-led prayer at a high school graduation ceremony
was unconstitutional.
The Declaration of Independence was an attack on the president of the United States.
Giving tax exemptions to religious institutions is unconstitutional because it is a form of
state-sponsored religion.
Just compensation is generally determined by the fair market value of the property
taken.
The power of eminent domain can be exercised only when the property to be taken is in
poor repair.
The Supreme Court has ruled that the president has the inherent power to stop
newspapers from publishing sensitive documents during a war.
The Supreme Court has held that a conservation group lacked standing to sue a business
that was interfering in an area’s aesthetics because the individual club members were
not personally affected.
The national government created under the Constitution was a government of unlimited
power.
Ultimately, the determination of the constitutionality of state laws is up to the U.S.
Supreme Court.
Pure speech receives constitutional protection whereas speech-plus does not.
Courts, as well as legislatures, are bound to follow the U.S. Constitution.
Segregation has always been considered invidious discrimination by the courts.
The right to assembly does not include the right of a protest group to block a road.
A special master is used by the Supreme Court in cases in which the Court exercises
original jurisdiction.
Substantive due process has played an important role in the Supreme Court’s protection
of economic and personal freedoms.
Government cannot impose taxes with a regulatory purpose.
The Supreme Court has held that, because of the doctrine of preemption, a cigarette
manufacturer who complied with federal labeling requirements could not be sued in
state court for failure to adequately warn of the dangers of cigarette smoking.
The Supreme Court has held that a law restricting welfare benefits to individuals who
resided in the state for less than one year violates the Privileges and Immunities Clause
of the Constitution.
The document that first attempted to establish a national government for the colonies
was the
A. Declaration of Independence.
B. Articles of Confederation.
C. English Bill of Rights.
D. U.S. Constitution.
The Rule of Four refers to
A. the number of justices required to grant a petition for writ of certiorari.
B. the number of justices required to win a case in the Supreme Court.
C. the number of justices who hear Supreme Court cases.
D. the number of justices who hear cases in the Courts of Appeals.
The organizational plan for the national government is found in which part of
the Constitution?
A. the Preamble
B. the Articles
C. the Amendments
D. None of the above
The rule of proportionality requires
A. that the punishment fit the crime.
B. that the punishment not be grossly disproportionate to the crime.
C. that the states have exclusive right to determine sentence.
D. None of the above.
The president has the power to pardon individuals who
A. have committed federal offenses.
B. have committed state offenses.
C. have committed any offense.
D. have been convicted in an impeachment trial.
Congress is allowed to regulate private conduct that discriminates because of
A. the Thirteenth Amendment.
B. the Fourteenth Amendment.
C. the Fifteenth Amendment.
D. All of the above.
Officer Smith uses a thermal imaging device to try to detect if unusual heat is coming
from
Jones’s house. He does not have a warrant. This conduct is
A. probably an illegal search because the officer needs a warrant in this case.
B. probably not illegal because this is not a search.
C. probably not illegal if Officer Smith in good faith believes he can do this.
D. probably not illegal because any heat coming from the house is in plain view.
A law providing that property taxes are based on purchase price, thus resulting in
situations where two people owning identical homes pay substantially different property
taxes
A. violates the Equal Protection Clause.
B. violates the Due Process Clause.
C. does not violate any constitutional protection.
D. is an invalid use of state police power.
When an appellate court remands a case, it
A. affirms the decision.
B. reverses the decision and enters judgment for the party that lost at trial.
C. reverses the decision and sends it back to the lower court for further proceedings.
D. None of the above.
The power to impose an income tax is found in
A. Article 1 8.
B. Article 1 9.
C. the Sixteenth Amendment.
D. Supreme Court decisions.
Who was not an author of the Federalist Papers?
A. George Washington
B. Alexander Hamilton
C. John Jay
D. James Madison
The statement “We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty, and the pursuit of Happiness,” is found in
A. the Articles of Confederation.
B. the Declaration of Independence.
C. the Preamble to the Constitution.
D. the Gettysburg Address.
A law violates due process if it
A. involves a fundamental right and is arbitrary and irrational.
B. involves a fundamental right, and there is no compelling state interest.
C. only if it involves a nonfundamental right.
D. only if it involves a fundamental right.
In determining if a state law is unconstitutional under the dormant commerce clause,
the Court considers
A. whether the state law conflicts with a federal law.
B. the burden on interstate commerce in relation to local necessity.
C. whether other states have similar laws.
D. None of the above.
The concept that citizens of the United States would be subject to two governments,
state and national is known as
A. federalism.
B. separation of powers.
C. nationalism.
D. state’s rights.
The power of eminent domain
A. is extended to the federal government in the Constitution.
B. is extended to state government in the Constitution.
C. is an inherent power of federal and state governments and not found expressly in
the Constitution.
D. Both a and b.
Inherent presidential powers
A. are implied powers.
B. are express powers.
C. are provided for in the Constitution.
D. Both a and c.
The most specific powers of the president are found in which Article of the
Constitution?
A. Article I
B. Article II
C. Article III
D. All of the above.
In general, a state law is found unconstitutional
A. if a federal law preempts the state law.
B. if a state law or tax violates the commerce clause, even though there is no federal
law on the subject (dormant commerce clause).
C. if the state law violates some other provision of the Constitution.
D. All of the above.
The key factor in deciding if field preemption applies is
A. the intent of Congress.
B. if a conflict between the federal and state law exists.
C. the intent behind the state law.
D. None of the above.
Even though these laws interfere with a business owner’s liberty to run a business, the
Court has upheld
A. minimum wage laws.
B. collective bargaining requirements.
C. price controls.
D. All of the above.
Among the enumerated powers of Congress is the power to
A. tax and borrow money.
B. regulate immigration.
C. declare war.
D. All of the above.
The Fifth Amendment provision that private property should not be taken for public use
without just compensation is known as
A. eminent domain.
B. the Due Process Clause.
C. the Takings Clause.
D. None of the above.
In which of the following cases did the Supreme Court find that there was a taking for
which the property owner was entitled to compensation?
A. a new zoning law that totally prohibited a property owner from building a house
B. a 32-month building moratorium on lakefront property
C. a city ordinance that placed restrictions on the development of individual historic
landmarks, resulting in petitioner’s inability to build offices and causing several million
dollars in damages
D. Both a and c
The government has the right to take property because of the
A. power of eminent domain.
B. the Due Process Clause.
C. the concept of economic liberty.
D. the Takings Clause.
The “fruit of the poisonous tree” doctrine
A. extends the Exclusionary Rule to evidence indirectly obtained as a result of illegal
police conduct.
B. results in dismissal of police officers who act illegally.
C. applies only to drug-related crimes.
D. All of the above.
Challenges against a state constitutional provision that allowed taxation of personal
property owned by a corporation but not personal property owned by individuals were
evaluated
A. under the rational basis test because it did not involve a suspect class or fundamental
right.
B. under the intermediate scrutiny test because it involved a corporation, which is a
quasi- suspect class.
C. under strict scrutiny because it involved economic factors.
D. None of the above.
A clause in a federal law providing that the law “does not exempt any person from any
liability under common law” is known as a
A. preemption clause.
B. a savings clause.
C. an exemption clause.
D. a liability clause.
State laws allowing an individual to reject medical care
A. are usually unconstitutional.
B. are unconstitutional if the individual is incapable of making the decision.
C. can allow a representative to make the decisions for a party who is incapable, but
may require clear and convincing evidence of the individual’s intent.
D. must require clear and convincing evidence of an individual’s intent, if the individual
is incapacitated.
A document filed in court in which a prisoner (or other person in custody) requests that
he or she be released from custody is called a
A. petition for writ of habeas corpus.
B. bill of attainder.
C. petition for writ of certiorari.
D. petition for writ of mandamus.
This amendment applies to state governments and provides in part: “nor shall any state
deprive any person of life, liberty, or property, without due process of law.”
A. Second Amendment
B. Fifth Amendment
C. Tenth Amendment
D. Fourteenth Amendment
The Supreme Court’s attitude toward privacy and sexual orientation and actions
A. is that sexual practices are not part of privacy.
B. is that the state has the right to regulate this.
C. has remained constant over the last 20 years.
D. has changed over the last 20 years.
In order to win at the U.S. Supreme Court level, a party must have the vote of
A. a majority of the justices.
B. all of the justices.
C. two-thirds of the justices.
D. None of the above.
When a case is heard before the U.S. Supreme Court, it is usually heard by
A. one justice.
B. three justices.
C. seven justices.
D. nine justices.
Those who supported the Constitution were known as
A. patriots.
B. federalists.
C. antifederalists.
D. traitors.