The Legal And Ethical Environment of Business 3rd Edition By Lisa Johnson – Test Bank

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Chapter 5

The Constitution

True/False Questions

1. 2. 3. 4. 5. 6. 7. 8. 9. The U.S. Constitution is both the first constitution adopted by the original thirteen colonies,

and the oldest written constitution still in force.

False; Moderate

The first ten amendments to the U.S. Constitution are referred to as the Bill of Rights.

True; Easy

The Constitution outlines what government must do, as opposed to what government cannot

do.

False; Moderate

The division of enumerated powers between the legislative, judicial and executive branches is

known as the separation of powers.

True; Easy

The limits of power between the president and congress have remained true and unchanged

for more than two centuries, a testament to the wisdom of the founding fathers.

False; Moderate

With reference to the U.S. Constitution, the House retains the exclusive right to provide

advice and consent to the president.

False; Moderate

The Senate retains the right to impeach officials for “high crimes and misdemeanors,” and the

House tries such impeached officials.

False; Moderate

Article II grants the Speaker of the House an almost total power over foreign affairs,

including the power to make treaties and appoint ambassadors.

False; Easy

The Foreign Intelligence Surveillance Act requires federal officials to get a warrant from a

secret court prior to carrying out surveillance or wiretapping.

True; Easy

10. The right to seek release from unlawful detention by petitioning a neutral judge is known as

extraordinary rendition.

False; Moderate

11. The federal government has near exclusive jurisdiction in family and property law.

False; Moderate

12. The state government has near exclusive jurisdiction in operating airports and licensing

airlines.

False; Moderate

© 2017 by FlatWorld13. SB 1070 included a provision that allowed state and local law enforcement to demand proof

of legal presence in the U.S.

True; Easy

14. Congress doesn’t have the power to establish post offices and post roads, as it is a federal

responsibility.

False; Moderate

15. Congress has the power to protect intellectual property in copyrights and patents.

True; Easy

16. The power of Congress to regulate foreign trade is explicit, total, and exclusive.

True; Easy

17. Congress routinely uses economic trade sanctions against “rogue” nations such as Cuba and

North Korea as a means of economic warfare to try to bring about regime change.

True; Easy

18. The power to restrict or distort foreign trade is shared by the Congress and the states.

False; Easy

19. The Comprehensive Anti-Apartheid Act prohibits discrimination against U.S. citizens on the

basis of race, color, national origin, and sex.

False; Easy

20. The state police can interfere with Congress’s power to regulate interstate commerce.

False; Moderate

21. The dormant commerce clause was signed by President George W. Bush in 2002.

False; Easy

22. The dormant commerce clause expands the state’s abilities to regulate commerce.

False; Easy

23. A state law that discriminates against out-of-state commerce, or places an undue burden on

interstate commerce, would violate the dormant commerce clause.

True; Moderate

24. If a state required out-of-state corporations to pay a higher tax or fee than an in-state

corporation, that would be unconstitutional.

True; Moderate

25. Federal courts have held that state attempts to regulate Internet content are constitutional.

False; Moderate

26. States are permitted to tax, but only if the activity taxed has a nexus to the state.

True; Moderate

27. The general power of states to regulate for the health, safety, and general welfare of the

public is known as police power.

True; Easy

© 2017 by FlatWorld28. A transaction that takes place inside astate would create a nexus for sales tax to attach.

True; Moderate

29. Traditionally, if a state’s citizen purchases goods from a seller out of state, he wouldpay the

sales tax directly to the government.

False; Easy

30. Persons visiting the United States temporarily, such as tourists and students, as well as

undocumented aliens, are not entitled to the full protections of the U.S. Constitution while

subject to U.S. law.

False; Moderate

31. The Eighth Amendment to the Constitution prevents any state from depriving citizens of their

rights without “due process of law.”

False; Moderate

32. The Fifth Amendment to the Constitution prohibits “cruel and unusual” punishment.

False; Moderate

33. According to the Bill of Rights, states are required to provide juries in civil trials.

False; Moderate

34. While many portions of the Bill of Rights apply to the states, not all of it does.

True; Moderate

35. The First Amendment to the Constitution prohibits the government from establishing any

religion—this is called the Establishment Clause.

True; Moderate

36. The First Amendment to the Constitution prohibits the government from restricting the free

exercise of religion—this is called the Confrontation Clause.

False; Easy

37. According to the theory of intelligent design, the universe is so complex that it is impossible

to be explained by random nature and, therefore, an intelligent entity designed it.

True; Easy

38. Not all types of speech are protected by the First Amendmentto the Constitution.

True; Moderate

39. Political speech is always written or uttered.

False; Easy

40. Obscene speech is not subject to any protection under the First Amendmentto the

Constitution.

True; Easy

41. Courts use the Miller test to determine if a speech can be categorized as symbolic speech.

False; Easy

© 2017 by FlatWorld42. The due process clause appears in both the Fifth Amendment and the Fourteenth

Amendmentto the Constitution.

True; Easy

43. The Equal Protection Clause is implicated anytime a law limits the liberty of some people but

not others.

True; Easy

44. Historically, there has never been a case in which the U.S. government held that

discrimination on the basis of race was permissible.

False; Moderate

45. Camps in which Japanese Americans were held during World War II were known as

POW campus.

False; Easy

Multiple Choice Questions

1. 2. 3. 4. During the time of the Revolutionary War against Great Britain, the states were governed by

the _____.

a. Articles of Incorporation

b. Annapolis Convention

c. Articles of Association

d. Bill of Rights

e. Articles of Confederation

e; Easy

Which of the following is true of the Articles of Confederation?

a. b. The articles granted unlimited authority to a federal government.

The Federalists thought the articles created a federal government that would be stable and

strong.

c. The articles revived the federal government from bankruptcy.

d. It gave larger states more power to vote than smaller states.

e. The articles reserved the power to regulate commerce to the states.

e; Easy

Which of the following places is considered the right place to deal with contemporary

political issues?

a. The Federal level

b. The state level

c. U.S. Constitution

d. Bill of Rights

e. 5th Amendment

b; Easy

Article I of the Constitution establishes the legislative branch through a(n) _____.

a. unicamerallegislature

b. multicamerallegislature

c. bicamerallegislature

d. tricamerallegislature

© 2017 by FlatWorld5. 6. 7. 8. 9. e. tetracamerallegislature

c; Easy

Which of the following is one of the twolegislative branches established by Article I of the

Constitution?

a. The House of Lords

b. The House of Commons

c. The Chamber of Representatives

d. The Chamber of Lords

e. The House of Representatives

e; Easy

The lower House of Representatives has _____ members.

a. 178

b. 435

c. 246

d. 105

e. 412

b; Easy

Representation in the lower House of Representatives is proportionate to a state’s _____.

a. per capita income

b. export levels

c. rate of industrial growth

d. population

e. literacy rate

d; Easy

With reference to the bicameral legislature in the United States, the _____ is a smaller body

with one hundred members (two from each state) and with less frequent elections.

a. House of Lords

b. Commons

c. Senate

d. Upper House

e. Lower House

c; Easy

With reference to the bicameral legislature in the United States, the _____ retains the

exclusive right to originate bills raising revenue (taxation).

a. House of Lords

b. House of Commons

c. Senate

d. Chamber of Lords

e. House of Representatives

e; Moderate

10. With reference to the bicameral legislature in the United States, the _____ maintains the

exclusive right to provide advice and consent to the president.

a. House of Lords

b. Commons

c. Senate

© 2017 by FlatWorldd. Second Chamber

e. Lower House

c; Moderate

11. Which of the following terms relates to the president’s total and complete control over the

branch of government that is established by Article II of the Constitution?

a. Extraordinary rendition

b. Federalism

c. Habeas corpus

d. Waterboarding principle

e. Unitary executive theory

e; Moderate

12. Which of the following laws requires federal law enforcement officials to seek a search

warrant from a secret court before carrying out wiretapping?

a. The Regulatory Flexibility Act

b. The Civil Rights Act

c. The REAL ID Act

d. The Foreign Intelligence Surveillance Act

e. The Uniform Custodial Trust Act

d; Moderate

13. Which of the following terms best describes formally accusing an elected official of

misconduct?

a. Waterboarding

b. Impeachment

c. Habeas corpus

d. Extraordinary rendition

e. Preemption

b; Easy

14. Which of the following best describes extraordinary rendition?

a. b. The division and sharing of power between state and federal governments

The capture and transfer of suspected criminals from one country to another for

interrogation

c. d. The right to seek release from unlawful detention by petitioning a neutral judge

The doctrine that certain information on national security is so sensitive that it cannot be

disclosed in court

e. The theory in constitutional law that the president controls the entire executive branch,

totally and completely

b; Hard

15. According to the doctrine of state secrets, _____.

a. a citizen has the right to seek release from unlawful detention by petitioning a neutral

judge

b. c. certain sensitive information on national security cannot be disclosed in court

the House of Representatives has the right to formally accuse an elected official of

misconduct

d. e. federal law can trump, and render unenforceable, conflicting state laws

the president can control the entire executive branch, totally and completely

© 2017 by FlatWorldb; Moderate

16. Which aspect of the presidential claims of power that has continued in the Obama

administrationhas come under increased scrutiny?

a. b. c. d. e. The power to execute U.S. citizens using weaponized drones

The unwillingness to continue extraordinary rendition

The procedure that expects trial for U.S. citizens even when they are not on the U.S. soil

The end to capture and interrogation of suspected terrorists in secret prisons

The refusal to adopt waterboarding as one of the techniques of interrogation

a; Moderate

17. After which event did the Bush administration argue for strong unitary executive power?

a. Implementation of the FISA in 1978

b. September 11, 2001

c. The conviction of twenty-three Americans in Italy in 2009

d. The Gulf War

e. The capture and death of Osama Bin Laden

b; Easy

18. Which of the following best describes the term habeas corpus?

a. b. The division and sharing of power between state and federal governments

The capture and transfer of suspected criminals from one country to another for

interrogation

c. d. The right to seek release from unlawful detention by petitioning a neutral judge

The doctrine that certain information on national security is so sensitive that it cannot be

disclosed in court

e. A theory in constitutional law that the president controls the entire executive branch,

totally and completely

c; Moderate

19. Federalism refers to:

a. the division and sharing of power between the central and state governments.

b. the capture and transfer of suspected criminals from one country to another for

interrogation.

c. d. the right to seek release from unlawful detention by petitioning a neutral judge.

the doctrine that certain information on national security is too sensitive to be disclosed

in court.

e. thetheory in constitutional law that the president controls the entire executive branch.

a; Easy

20. Which of the following terms best describes the doctrine that permits federal law to trump,

and render unenforceable, conflicting state laws?

a. Unitary executive theory

b. Waterboarding

c. Preemption

d. Habeas corpus

e. Naturalization

c; Easy

21. Which of the following terms describes the process and procedure to become a citizen?

a. Waterboarding

© 2017 by FlatWorldb. Naturalization

c. Habeas corpus

d. Extraordinary rendition

e. Preemption

b; Easy

22. Which of the following statements is true regarding powers granted to the Congress and

states by the Constitution?

a. b. The Congress has fiscal responsibility over the U.S. air force.

The state government has near exclusive jurisdiction in operating airports and licensing

airlines.

c. d. e. States have the authority to regulate foreign commerce independently.

The Congress has the power to establish post offices.

In areas such as family or property law, the Congress has exclusive jurisdiction.

d; Moderate

23. After the Great Depression, in response to unprecedented economic distress, President

Roosevelt sought to redefine the very nature of the employer/employee relationship. The laws

initially ran into stiff opposition at the Supreme Court because:

a. the financial payoffs would not be worth the change.

b. these laws,if passed,would have negatively affected the trade between the United States

and the other countries.

c. d. e. these laws were based on a more formalistic reading of Article I, Section 8.

the employers opposed these changes.

the justices at the time saw the employer/employee relationship as one governed by

freedom of contract.

e; Moderate

24. Which of the following acts prohibits discrimination against U.S. citizens on the basis of

race, color, national origin, and sex?

a. The Regulatory Flexibility Act

b. The Civil Rights Act

c. The Amnesty Act

d. The Residence Act

e. The Comprehensive Anti-Apartheid Act

b; Easy

25. Which of the following permits states to regulate broadly in order to protect and promote the

public order, health, safety, morals, and general welfare?

a. Waterboarding

b. Extraordinary rendition

c. Spending power

d. Police power

e. Tax power

d; Easy

26. Some states permit the sale of alcohol on Sundays, while others prohibit it. Some states

permit casino gambling, while others do not. A few states permit same-sex marriage, while

many do not. These are examples of:

a. preemption.

b. extraordinary rendition.

© 2017 by FlatWorldc. spending power.

d. police power.

e. tax power.

d; Easy

27. The _____ restricts the states’ abilities to regulate commerce, rather than the federal

government’s.

a. dormant commerce clause

b. Free Exercise Clause

c. Equal Protection Clause

d. unitary executive clause

e. Commerce Clause

a; Moderate

28. Which of the following statements is true regarding states’ powers?

a. Federal courts have repeatedly held that state attempts to regulate Internet content

(typically to prevent pornography) are constitutional.

b. The state police power can interfere with Congress’s power to regulate interstate

commerce.

c. A state law that discriminates against out-of-state commerce, or places an undue burden

on interstate commerce, would violate the dormant commerce clause.

d. The dormant commerce clause restricts the federal government’s abilities to regulate

commerce, rather than the states’.

e. Courts have interpreted spending power to mean that Congress can spend money only to

carry out its powers under Article I, Section 8 but not to promote any other objective.

c; Hard

29. Which of the following terms refers to a constitutional test created by the Supreme Court to

determine a law’s validity?

a. Police power

b. Undue burden

c. Preemption

d. Dormant commerce clause

e. Extraordinary rendition

b; Easy

30. Congress has the power to “pay the debts and provide for the common defense and general

welfare.” This is known as _____.

a. the dormant commerce clause

b. service power

c. police power

d. the unitary executive clause

e. spending power

e; Easy

31. The Eighth Amendment to the Constitution:

a. b. c. d. e. protects the rights not specifically enumerated in the Constitution.

grants the accused the right to a speedy and public trial.

provides protection to U.S. citizens from unreasonable search and seizure.

prohibits “cruel and unusual” punishment.

prevents any state from depriving citizens of their rights without “due process of law.”

© 2017 by FlatWorldd; Moderate

32. The Fourteenth Amendment to the Constitution:

a. b. c. d. e. protects the rights that are not specifically enumerated in the Constitution.

prohibits the government from restricting the free exercise of religion.

prevents the government from establishing a religion.

prohibits “cruel and unusual” punishment.

prevents any state from depriving citizens of their rights without “due process of law.”

e; Moderate

33. With reference to the Constitution, the doctrine of incorporation:

a. b. c. prohibits the government from preventing the free exercise of religion.

requires states to provide the equal protection of laws to persons within their jurisdiction.

extends limitations on government behavior in the Bill of Rights to apply to the states as

well.

d. e. prohibits government from establishing a religion.

prohibits “cruel and unusual” punishment.

c; Moderate

34. The Establishment Clause:

a. b. c. prohibits the government from preventing the free exercise of any religion.

requires states to provide equal protection of laws to persons within their jurisdiction.

requires the federal government to establish a standard in police power among different

states.

d. e. prohibits the government from establishing a religion.

prohibits establishing cruel punishment as a norm.

d; Moderate

35. A man can choose to follow any religion that he personally likes and believes in. Which of

the following sections of the Amendments ensures the right to do this?

a. Free Exercise Clause

b. Establishment Clause

c. Doctrine of incorporation

d. Dormant commerce clause

e. Doctrine of prior restraint

a; Easy

36. The theory of intelligent design:

a. emphasizes the concept of evolution.

b. states that the universe is too complex to be explained by science alone.

c. negates the teaching of Bible-based creationism.

d. reiterates that the universe came into existence through a random event.

a. relies on tested evidence to prove the nature of the universe.

b; Hard

37. Which of the following types of speech is generally recognized by courts as speech most

deserving of protection?

a. Confrontation speech

b. Commercial speech

c. Obscene speech

d. Symbolic speech

© 2017 by FlatWorlde. Political speech

e; Easy

38. Speech uttered to advocate the overthrow of government is most likely to be an example of:

a. impartial speech.

b. political speech.

c. commercial speech.

d. obscene speech.

e. symbolic speech.

b; Easy

39. Burning the U.S. flag as a form of protest against a U.S. government policy is an example of:

a. saleable speech.

b. constitutional speech.

c. commercial speech.

d. obscene speech.

e. symbolic speech.

e; Moderate

40. Courts use the Miller test to determine if a speech can be categorized as _____.

a. provocative

b. political

c. commercial

d. obscene

e. symbolic

d; Easy

41. The doctrine of prior restraint:

a. b. prohibits the government from preventing the free exercise of a religion.

prevents the government from restricting or punishing speech before it is uttered or

published.

c. extends limitations on government behavior in the Bill of Rights to apply to the states as

well.

d. prohibits the government from establishing a religion.

e. prohibits “cruel and unusual” punishment.

b; Easy

42. Product advertising is typically an example of _____ speech.

a. confrontation

b. political

c. commercial

d. obscene

e. symbolic

c; Hard

43. The due process clause:

a. prohibits the government from establishing a religion.

b. prohibits “cruel and unusual” punishment.

c. appears in the Second Amendment to the Constitution.

d. extends limitations on government behavior in the Bill of Rights to apply to the states as

well.

© 2017 by FlatWorlde. e; Easy

advocates fundamental fairness and decency.

44. According to the _____, before a government can move to take away life, liberty, or property,

the defendant is entitled to at least adequate notice, a hearing, and a neutral judge.

a. procedural due process

b. doctrine of prior restraint

c. Establishment Clause

d. Free Exercise Clause

e. substantive due process

a; Moderate

45. Which of the following focuses on the content of government legislation itself?

a. Procedural due process

b. Doctrine of prior restraint

c. Establishment Clause

d. Substantive due process

e. Doctrine of incorporation

d; Moderate

46. The term reparations refers to:

a. compensation for past injury.

b. the practice of providing affirmative action to targeted populations to achieve diversity

goals.

c. the standard of review in which government must prove the law is justified by a

compelling government interest.

d. e. the laws that cover legal as well as illegal conduct.

speech made by nonhuman entities.

a; Moderate

47. The standard of review in which the government must prove the law is justified by a

compelling government interest is known as:

a. Affirmative action

b. Reparation

c. Internment

d. Strict Scrutiny

e. Minimal scrutiny

d. easy

Short Answer Questions

1. What is meant when we say that the brevity of the Constitution is a key factor in why it has

endured to this day?

The U.S. Constitution is a surprisingly short document, considering that it has guided and

sustained the world’s greatest democracy for more than two centuries. However, it has

survived so long because it is relatively unchanged from its original state. Rather than

reinvent or alter the Constitution to keep pace with changing times, we have relied on judicial

interpretation to make sure it remains relevant.

2. What is federalism?

© 2017 by FlatWorld3. 4. 5. 6. 7. The separation of power between the federal and state governments is known as federalism.

State and federal governments sometimes share power and the rules of subject matter

jurisdiction determine which legal system has jurisdiction over a particular matter or

controversy. In some areas, such as family or property law, the states have near exclusive

jurisdiction. In other areas, such as negotiating treaties with foreign countries or operating

airports and licensing airlines, the federal government has near exclusive authority.

Easy

Describe the composition of the House of Representatives.

The House of Representatives has 435 members, with representation spread proportionately

to a state’s population as determined by a census every decade. The most populous state,

California, has fifty-three members, while several states are so small that they have only one

representative (Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and

Wyoming). The House is led by the Speaker of the House, typically from the party that holds

the majority in the House. The House is generally thought to represent the most

contemporary views of the American public, with its large body of members and frequent

elections.

Easy

Discuss the various functions performed by the Senate.

The Senate acts as a check on the majority will, and on the power of larger states. The Senate

is meant to be a more deliberative body and to ensure a wider level of debate before

impassioned legislation is hastily rushed into law. It maintains the exclusive right to provide

advice and consent to the president, where advice and consent are required, andalso tries

impeached officials.

Moderate

List some of the powers granted to Congress by the Constitution.

The Congress has the power to borrow money, lay and collect taxes, regulate commerce (the

Commerce Clause), establish a uniform law on bankruptcy and naturalization, make money

(currency) and establish its value, punish the counterfeiting of U.S. money, and establish a

uniform system of weights and measures. It has the power to establish post offices and post

roads and to protect intellectual property in copyrights and patents. It also has the power to

create lower courts under the Supreme Court created in Article III and to define crimes

committed on the “high seas” and against the “law of nations.” Congress is also given fiscal

responsibility over the armed forces and navy and the power to provide oversight to the

militia.

Moderate

Discuss with an example the Constitution’s Supremacy Clause.

Under the Constitution’s Supremacy Clause, the Constitution and federal laws and treaties

are the “supreme law of the land” and judges in every state “shall be bound” by those laws.

Say, for example, that Congress sets the minimum wage at $7.25 an hour. A state that passes

a law making the minimum wage lower than that would immediately see the law challenged

in federal court as unconstitutional under preemption and Supremacy Clause principles, and

the state law would be overturned. However, a state can have a minimum wage higher than

the federal limit, without violating the Constitution.

Moderate

Give an example of the broad interpretation of the Commerce Clause.

© 2017 by FlatWorldThe Congress has the power to borrow money, lay and collect taxes, and regulate commerce.

The broad interpretation of the Commerce Clause has been challenged repeatedly. In 1964,

for example, Congress passed a broad and sweeping Civil Rights Act, prohibiting

discrimination against citizens on the basis of race, color, national origin, and sex. Congress

relied on its power under the Commerce Clause to pass this legislation. That same year, the

Heart of Atlanta Motel in Georgia filed a federal lawsuit seeking to overturn the Civil Rights

Act as unconstitutional, arguing that Congress lacked the authority under the Commerce

Clause to pass the law. The Supreme Court held the law to be constitutional, finding that

since 75 percent of the motel’s clients came from out of state and since the motel was located

near Interstates 75 and 85, the business had an “effect” on interstate commerce.

Hard

8. Discuss the dormant commerce clause.

The general power of states to regulate for the health, safety, and general welfare of the

public is known as police power. A critical limitation on the state police power is that it

cannot interfere with Congress’s power to regulate interstate commerce. This concept is

known as the dormant commerce clause because it restricts the states’ abilities to regulate

commerce, rather than the federal government’s.

Easy

9. Discuss the police power of the states.

Police power permits states to regulate broadly to protect and promote the public order,

health, safety, morals, and general welfare. This leads to different states having different

regulations (such as different speed limits). A critical limitation on the state police power is

that it cannot interfere with Congress’s power to regulate interstate commerce. This concept

is known as the dormant commerce clause. A state law that discriminates against out-of-state

commerce, or places an undue burden on interstate commerce, would violate the dormant

commerce clause.

Moderate

10. Describe the three types of powers possessed by the states.

The three types of powers are:

 Police power: It is the general power of states to regulate for the health, safety, and

general welfare of the public.

 Spending power: It is Congress’s power to spend public revenue to meet broad public

objectives.

 Taxing power: It is the power granted to Congress to raise revenue through taxation.

Easy

11. Discuss the doctrine of incorporation.

The amendments to the U.S. Constitution were meant to restrict the federal government only.

States were not similarly restricted. Gradually, throughout the twentieth century, the Supreme

Court developed a doctrine called incorporation, by which the limitations on government

behavior in the Bill of Rights were extended to apply to the states as well. While many

portions of the Bill of Rights apply to the states, not all of it does.

Easy

12. Explain the Establishment Clause and the Free Exercise Clause.

The First Amendment to the Constitution contains several important clauses pertaining to

speech and religion. The two different clauses on religion, the Establishment Clause and the

Free Exercise Clause, are designed to be almost always in conflict with each other. The First

© 2017 by FlatWorldAmendment prohibits the government from establishing any religion—this is called the

Establishment Clause. The second clause—called the Free Exercise Clause—prohibits the

government from restricting the free exercise of religion.

Moderate

13. List and briefly describe any four types of speeches.

The various types of speeches are:

 Political speech: Courts generally recognize political speech as speech most

deserving of protection.

 Symbolic speech: Speech that is not uttered or printed but displayed or performed

instead is known as symbolic speech.

 Obscene speech: It is not subject to any protection under the First Amendment to the

Constitution.

 Commercial speech: Corporations have the right to speak,which not only includes

advertising but also matters of public policy.

Easy

14. Discuss the Miller test.

Obscene speech is not subject to any protection under the First Amendment. Defining what is

obscene has always vexed courts. The best test courts have developed is called the Miller test.

Under the Miller test, material is considered obscene if when applying contemporary

community standards, the work, taken as a whole, appeals to a prurient interest in sex;

portrays sexual conduct as specifically defined by applicable state law; and lacks serious

literary, artistic, political, or scientific value.

Moderate

15. Explain the doctrine of prior restraint.

Not all speech is protected by the First Amendment to the Constitution; the type of speech

very much drives the level of protection afforded it under the First Amendment. Defamatory

and obscene speeches are not protected under the first amendment. However, even obscene

and defamatory speech is subject to the doctrine of prior restraint. The doctrine of prior

restraint prevents the government from restricting or punishing speech before it is uttered or

published, in case the speaker changes his or her mind before proceeding. Attempts to shut

down the speech before it is uttered are considered unconstitutional.

Moderate

16. Discuss the due process clause.

The due process clause appears in both the Fifth Amendment (“No person shall…be deprived

of life, liberty or property without due process of law”) and the Fourteenth Amendment (“Nor

shall any State deprive any person of life, liberty, or property, without due process of law”) to

the Constitution. The Fifth Amendment applies to the federal government, and after the Civil

War, the Fourteenth Amendment made due process applicable to the states as well. At its

core, due process means “fundamental fairness and decency.” The clause requires that all

government action that involves the taking of life, liberty, or property be done fairly and for

fair reasons. The due process clause applies only to government action—it does not apply to

the actions of private citizens or entities such as corporations or, for that matter, to actions of

private universities and colleges. The due process clause contains two components,

procedural due process and substantive due process.

Hard

© 2017 by FlatWorld17. Describe the three standards of review that might be given to any law in equal protection

cases.

Issues involving economics, social relations, or possible age discrimination would be given a

Minimal Security review, in which the government must at least provide a rational basis for

the law. An example of this would be an ordinance prohibiting teenagers from being in a

local mall after 10pam. An intermediate scrutiny will be given to cases involving gender, in

which the government must prove the law is substantially related to an important government

interest. A case receiving this level of scrutiny would be any in which men and women are

treated differently under the law. Finally, a strict scrutiny test is used when a law

discriminates against a specific race or obstructs access to fundamental and basic rights. In

such cases, the government must prove the law is justified by a compelling government

interest.

Moderate

Fill in the Blanks

1. 2. 3. 4. 5. 6. 7. 8. 9. During the time of the Revolutionary War against Great Britain, the states were governed by

the _____.

Articles of Confederation; Easy

The first ten amendments to the U.S. Constitution are referred to as the _____.

Bill of Rights; Easy

The House is led by the _____, typically from the party that holds the majority in the House.

Speaker of the House; Easy

The Bush administration allegedly captured suspected terrorists abroad and moved them to

secret prisons outside the jurisdiction of the United States for interrogation, a practice known

as _____.

extraordinary rendition; Moderate

The separation of power between the federal and state governments is known as _____.

federalism; Easy

Under the Constitution’s _____ (Article VI, Section 2), the Constitution and federal laws and

treaties are the “supreme law of the land” and judges in every state “shall be bound” by those

laws.

Supremacy Clause; Easy

The process and procedure to become a citizen is known as _____.

naturalization; Easy

The _____ Act prohibits discrimination against citizens on the basis of race, color, national

origin, and sex.

Civil Rights; Easy

The general power of states to regulate for the health, safety, and general welfare of the

public is known as the _____ power.

police; Easy

© 2017 by FlatWorld10. A critical limitation on the state police power is that it cannot interfere with Congress’s

power to regulate interstate commerce. This concept is known as the _____ because it

restricts the states’ abilities to regulate commerce, rather than the federal government’s.

dormant commerce clause; Moderate

11. The power granted to Congress to raise revenue through taxation is known as _____ power.

taxing; Easy

12. The doctrine of _____ extends limitations on government behavior in the Bill of Rights to

apply to the states as well.

incorporation; Moderate

13. The First Amendment to the Constitution prohibits the government from establishing any

religion—this is called the _____ Clause.

Establishment; Moderate

14. “Fundamental fairness and decency” refers to _____.

Due process; Easy

15. The First Amendment to the Constitution prohibits the government from restricting the free

exercise of religion—this is called the _____ Clause.

Free Exercise; Easy

16. An alternative theory, called _____, states that the universe is too complex to be explained by

science alone.

intelligent design; Easy

17. Courts generally recognize _____ as speech most deserving of protection.

politicalspeech; Moderate

18. Courts use the Miller test to determine if a speech can be categorized as _____.

obscenespeech; Easy

19. _____ prevents the government from restricting or punishing speech before it is uttered or

published.

Prior restraint; Moderate

20. Standing silently with your back to an elected official who is speaking or presenting a policy

would be considered _____.

symbolicspeech; Easy

21. Corporations have the right to speak and it is known as _____ speech.

commercial; Moderate

22. The first case in which the Supreme Court held that racial discrimination may be permissible

rose during World War _____.

II; Easy

23. The _____ scrutiny test is reserved for cases where the government discriminates on the basis

of sex or gender.

intermediate; Easy

© 2017 by FlatWorld© 2017 by FlatWorld