BLT&E-7e: Practice Quiz Chapter 4: Constitutional Law

1. Under a federal form of government, the relationship between the states and the central government may be described as: a. a combination of very weak states and a weak central government. b. a combination of a weak central government and strong states. c. a combination of a very strong central government and very weak states. d. a partnership in which the states and national government share sovereign power, except as allowed by the Constitution.

Answers: a. Incorrect. If both groups are weak, you do not have a federation. b. Incorrect. If the central government is weak and the states are strong, you have a confederation. c. Incorrect. If the central government is very strong and the states very weak, this is not a federal form of government. d. Correct. A federal form of government is a partnership between the states and the central government. 2. The system of checks and balances set forth in the U.S. Constitution allows: a. the executive branch to dominate everything else. b. each branch to limit the actions of the other branches. c. the legislative branch to tell the judges what to do. d. the judicial branch to have the final say on any issue.

Answers: a. Incorrect. Checks and balances were set forth in the Constitution to prevent any one branch from dominating the others. b. Correct. The checks and balances in the U.S. Constitution prevent any one branch from exercising too much power. c. Incorrect. The legislative branch cannot dominate the judicial branch. d. Incorrect. The judicial branch has the final say only on issues involving constitutional interpretation. 3. The commerce clause of the U.S. Constitution authorizes: a. the judicial branch to regulate commerce. b. the executive branch to regulate commerce. c. Congress to regulate commerce. d. The states to regulate commerce and foreign trade.

Answers: a. Incorrect. The commerce clause does not authorize the judicial branch to regulate commerce. b. Incorrect. The commerce clause does not authorize the executive branch to regulate commerce c. Correct. The commerce clause authorizes Congress to regulate commerce with foreign nations, and among the several States, and with the Indian Tribes. d. Incorrect. The commerce clause says nothing about the states authority to regulate commerce (although as part of their reserved powers, states have the authority to regulate commerce within their borders). Which of the following statements best defines the dormant commerce clause? a. States do not have the authority to regulate interstate commerce. b. States do not have the authority to regulate intrastate commerce. c. States do have the authority to regulate interstate commerce. d. States do have the authority to regulate intrastate commerce.

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Answers: a. Correct. The positive side of the commerce clause is that the na tional government has the exclusive authority to regulate interstate commerce. The negative, or dormant, side of this clause is that states DO NOT have the power to regulate interstate commerce. b. Incorrect. This is not what is meant by the dormant commerce clause. c. Incorrect. This is not what is meant by the dormant commerce clause. d. Incorrect. This is not what is meant by the dormant commerce clause. 5. The supremacy clause of the U.S. Constitution states that: a. state constitutions are the supreme law of the land. b. the U.S. Constitution is the supreme law of the land. c. state constitutions and the U.S. Constitution are equally authoritative. d. the executive branch has supreme power in the federal government.

Answers: a. Incorrect. The U.S. Constitution is the supreme law of the land. b. Correct. The U.S. Constitution is the supreme law of the land. c. Incorrect. If there is a conflict between a state constitution and the federal Constitution, the federal document is supreme. d. Incorrect. The supremacy clause does not deal with the separation of powers within the federal government but with the federal governments powers with respect to the states.

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If it chooses, Congress may spend U.S. taxpayers money: a. only for purposes outlined in Article I, Section 8. b. only to promote the national defense. c. to promote particular religions in the interests of diversity. d. to promote any objective that Congress deems worthwhile, so long as it does not violate the Constitution.

Answers: a. Incorrect. Congress spending power is broader than this. b. Incorrect. Congress may spend taxpayers money for more than defense. c. Incorrect. The First Amendment prohibits the government from promoting particular religions. d. Correct. Congress may spend taxpayers money to promote any objective Congress deems worthwhile, so long as it does not violate the Constitution. 7. The first ten amendments to the U.S. Constitution are known as: a. the Declaration of Mans Rights. b. the Bill of Rejoinder. c. the Bill of Rights. d. the Magna Carta.

Answers: a. Incorrect. This is a reference to the declaration made during the eighteenthcentury French Revolution. b. Incorrect. This is not what we call the amendments to the U.S. Constitution. c. Correct. This is what the first ten amendments to the Constitution are called. d. Incorrect. This refers to the thirteenth-century English document that limited the powers of the king. 8. Today, most of the rights and liberties set forth in the Bill of Rights apply to state governments as well as a result of the adoption of: a. the Second Amendment. b. the Fifth Amendment. c. the Fourteenth Amendment. d. the preemption doctrine.

Answers: a. Incorrect. This amendment deals with the right to bear arms. b. Incorrect. This amendment deals with property rights and the right to not incriminate yourself in trials.

c. Correct. This amendment, adopted in 1868, has been interpreted by the Supreme Court to mean that most of the guarantees in the Bill of Rights, which initially applied to the federal government only, also apply to state governments. d. Incorrect. The preemption doctrine applies when state and federal laws come into conflict.

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The establishment clause: a. prohibits the government from creating a state-sponsored religion. b. prohibits the establishment of Buddhist monasteries. c. guarantees that no person can be compelled to do something contrary to his or her religious belief. d. guarantees that churches may not request tithing from their members.

Answers: a. Correct. The establishment clause prohibits the establishment of an official religion. b. Incorrect. The establishment clause does not prohibit the establishment of Buddhist monasteries. c. Incorrect. This guarantee is not contained in the establishment clause, but it is a part of the First Amendment and is known as the free exercise clause. d. Incorrect. This guarantee is not contained in the establishment clause. 10. Substantive due process focuses on: a. fair procedures. b. suspect traits. c. property rights. d. the content of legislation.

Answers: a. Incorrect. Procedural due process focuses on fair procedures. b. Incorrect. Substantive due process focuses on the content, or substance, of legislation. c. Incorrect. The Fourth and Fifth Amendments are concerned with property rights, whereas substantive due process is concerned with the content of legislation. d. Correct. Substantive due process is concerned with the content, or substance, of legislation.