The Court upheld a state law on statutory rape involving minors that applied to men but
not to women.
The Supreme Court has held that drug testing of new mothers by a state hospital to
detect criminal activity, which was reported to law enforcement, was unreasonable
As used in connection with the concept of justiciability, the term political question is
synonymous with political issue.
The Supreme Court believes that national security alone justifies a president’s
suspension or termination of basic constitutional rights.
Case law that affects or impairs the obligation of contracts is generally held to not
violate the Contract Clause because the Supreme Court has generally interpreted the
word “law” as legislative law.
The Takings Clause applies to property taken by the government through forfeiture
laws.
Congress has the right to extend the constitutional jurisdiction of the federal courts.
The constitutional right against self-incrimination prohibits government from forcing
anyone to give a DNA sample.
A federal law can impliedly preempt a state law.
Under the Articles of Confederation, the president was to be chosen by popular election.
A law targets a suspect class when it classifies a group based on race, ethnicity, or
national origin.
Procedural due process has little application to civil cases.
The Supreme Court has held that children in school can be expelled for refusing to
recite the pledge of allegiance.
The power to pardon includes the power to grant amnesty to a group of people.
The Courts rely heavily on history in interpreting the First Amendment.
The power of eminent domain exists only when the government takes property for a
public use.
Rational suspicion is more than just a hunch, but less than probable cause.
The Necessary and Proper Clause is an important source of congressional power.
Today, most of the rights found in the first 10 amendments pertain to state action.
The Magna Carta was a response to several abuses by the English king.
The Supreme Court held that the president did not have inherent powers to assume
control of steel mills after a steelworker’s union declared a nationwide strike.
According to the Supreme Court, under some circumstances Congress has a right to
regulate speech.
The purpose of the Free Exercise Clause is to secure religious liberty for individuals
through the prohibition of governmental restraints on the free exercise of religion.
The power of states to enact laws is broader than the power of the federal government.
When a law does not target a suspect or quasi-suspect class or affect a fundamental
right, the Court applies the rational basis test.
The Supreme Court has found that a law making it a crime to possess a gun near a
school is part of Congress’s power to regulate interstate commerce.
The United States Code is a compilation of laws enacted by Congress and approved by
the president or adopted by Congress overriding a presidential veto.
A federal law can preempt not only a state legislative enactment but also a state
common law right to sue.
The Supreme Court has held that a state law prohibiting banks from selling insurance
conflicts with a federal law giving banks the right to sell insurance in small towns.
A tax exemption available only to a religious organization is unconstitutional.
The powers of the state government and the powers of the federal government are
mutually exclusive.
A major problem with the Articles of Confederation was the inability of the national
government to tax.
The Supreme Court has always acknowledged that not all laws creating classifications
are unconstitutional.
A juvenile does not have a right to
A. substantive due process.
B. procedural due process.
C. a jury trial.
D. an attorney.
Tax benefits to religious organizations are
A. constitutional if the religious organization benefits society as a whole, not just the
members of the religion.
B. always constitutional, because to hold otherwise would violate the Free Exercise
Clause.
C. generally unconstitutional because they violate the Establishment Clause.
D. generally unconstitutional because they violate the Free Exercise Clause.
The president has the right to veto legislation under which clause of the Constitution?
A. the Presentment Clause
B. the Interstate Commerce Clause
C. the Due Process Clause
D. the Equal Protection Clause
Detailed rules of criminal procedure for state cases are found in
A. the Constitution.
B. federal rules of court and codes.
C. state rules of court and codes.
D. All of the above.
The U.S. government, formed under the Constitution, consists of___________
branch(es) of government.
A. 1
B. 2
C. 3
D. 4
In the case of Plessyv.Ferguson, the Supreme Court ruled that
A. segregation was lawful as long as separate facilities were equal.
B. the practice of segregation was unconstitutional.
C. segregation was lawful under any circumstance.
D. segregation was unlawful, but only in schools.
According to the Supreme Court, the power to regulate interstate commerce did not
include
A. the power to regulate all child pornography on the Internet through the Child
Pornography Prevention Act of 1996.
B. the power to regulate racial discrimination by businesses involved in interstate
commerce.
C. the power to regulate telephone service under the Telecommunications Act of 1996.
D. the power to pass a law making it a crime for a parent to fail to pay child support
under certain situations.
Government aid to parochial school children is likely to be held unconstitutional if
A. given to the children directly as opposed to the school.
B. similar aid is not available to public school children.
C. used for textbooks.
D. It is always unconstitutional.
The Supreme Court’s expanded recognition of the right of government to enact laws
related to economic liberties was a result of
A. World War II.
B. the Great Depression.
C. World War I.
D. the selection of a new chief justice.
The Supreme Court refused to hear constitutional challenges to the Vietnam War
because
A. the war was over before the cases got to the Supreme Court.
B. the Court did not give a reason for refusing to hear the cases.
C. the Court considered it to be a political question.
D. the Constitution prohibits the Court from questioning the president’s actions as
commander in chief.
Which of the following laws was held notto be in violation of the dormant commerce
clause for unfairly discriminating against out-of-state interests?
A. a law that imposed a surcharge of $2.50 on solid waste if the waste had been
generated out of state, but only $.85 if generated within the state
B. a property tax exemption for charitable institutions that excluded organizations
operated principally for the benefit of nonresidents
C. a state law that “tolled” the statute of limitations for a breach of contract case for
times that the defendant was out of state
D. an environmental law prohibiting milk from being packaged in plastic containers
when the result was a benefit to the large paper industry of the state
The president has the power to appoint
A. all U.S. Supreme Court justices.
B. all federal courts of appeals justices.
C. all federal district court justices.
D. All of the above.
Which of the following principles form the basis for the Declaration of Independence?
A. Governments are formed to secure rights such as life, liberty, and the pursuit of
happiness.
B. Governments derive their power from the people who are governed.
C. The abuse of power by a government justifies changing the government.
D. All of the above.
Congress has used the Interstate Commerce Clause to enact legislation affecting
A. civil rights.
B. the environment.
C. communication including the Internet.
D. All of the above.
The Suspension Clause, Article I 9 of the U.S. Constitution authorizes the president to
suspend the writ of habeas corpus in times of
A. peace and prosperity.
B. domestic calm and tranquility.
C. rebellion and invasions.
D. All of the above.
The Ninth Amendment
A. expressly provides for a right to privacy.
B. provides that the enumeration of rights in the other amendments is not to be
considered a denial of rights not enumerated.
C. is the basis for the protection given to liberty.
D. Both a and b.
Wrongful termination of employment is a due process violation
A. under all circumstances.
B. under no circumstances.
C. when the individual had a right to continued employment.
D. when the individual had been employed for at least six months.
The federal government can tax state activities
A. under any circumstance because the federal government is supreme.
B. when a state is involved in a nongovernmental activity, such as bottling water.
C. never, because of the doctrine of sovereign immunity.
D. never, because of the doctrine of federalism.
The English law of seditious libel made it a crime
A. to publish pornography.
B. to criticize the government of England.
C. to spread lies about anyone.
D. to plan to overthrow the government.
A Washington, D.C., public school was prohibited from segregation because of
A. the Fifth Amendment Due Process Clause.
B. the Fifth Amendment Equal Protection Clause.
C. the Fourteenth Amendment Due Process Clause.
D. the Fourteenth Amendment Equal Protection Clause.
Which of the following is not within the subject matter jurisdiction of the federal courts,
as expressed in the Constitution?
A. cases arising under federal laws
B. cases arising under state laws
C. admiralty and maritime cases
D. controversies between citizens of different states
When ruling on a law that banned virtual child pornography, the Supreme Court
A. held the law constitutional because it served a legitimate government purpose,
specifically protecting children from pornography.
B. held the law constitutional because Congress had the absolute right to ban any
indecent material.
C. held the law unconstitutional because the definition of obscenity was too broad.
D. held the law unconstitutional because virtual depictions are not really a form of
speech.
To amend the Articles of Confederation required
A. a unanimous vote of the states.
B. a two-thirds majority of the states.
C. a unanimous vote of all of the members of Congress.
D. It could not be amended.
Which of the following is not a requirement for those seeking office in the U.S. House
of Representatives?
A. They must be 25 years of age.
B. They must be inhabitants of the state they represent.
C. They must be born in the United States.
D. None of the above; they are all requirements.
Three important concepts upon which the U.S. government was formed are
A. liberty, democracy, and federalism.
B. executive, judicial, and legislative.
C. federalism, separation of powers, and checks and balances.
D. checks and balances, liberty, and democracy.
The Takings Clause is expressly found
A. in Article V of the Constitution.
B. in the Fifth Amendment to the Constitution.
C. in the Fourteenth Amendment to the Constitution.
D. in both b and c.
The U.S. Constitution begins with which words?
A. Four score and twenty years ago . . .
B. We declare these truths to be self-evident . . .
C. We the people . . .
D. Give me liberty . . .
If defamation is directed to a private person but relates to a matter of public concern,
A. the plaintiff in a lawsuit must show actual malice to receive any damages.
B. the plaintiff in a lawsuit must show actual malice to receive punitive damages, but
not general damages.
C. the plaintiff in a lawsuit must adhere to the same standards as a public figure or
public official.
D. the plaintiff in a lawsuit is not limited in any way by the First Amendment.
Which of the following types of conduct are not included in the right to privacy?
A. use of contraceptives
B. procreation
C. marriage
D. suicide
The rational basis test is used to evaluate state laws that discriminate based on
A. age.
B. economic factors.
C. sexual preference.
D. All of the above.
The Due Process Clause is found in
A. Article V of the Constitution.
B. the Fifth Amendment to the Constitution.
C. the Fourteenth Amendment to the Constitution.
D. Both b and c.
In the Dred Scottdecision, the Supreme Court held
A. that slavery was legal.
B. that slavery was illegal.
C. that slaves were not citizens.
D. that slaves were not entitled to vote.
Detentions and pat downs are allowed
A. if the officer has a hunch that something is wrong.
B. if the officer receives any complaint from a citizen.
C. if the officer has rational suspicion to believe the person detained is involved in
criminal activity.
D. only if there is probable cause to believe the individual committed a crime.