In cases determining the protection to be afforded commercial speech a _____-part analysis has
developed.
a. five
b. two
c. three
d. four - Answers d. four
Which clause of the U.S. Constitution provides that, within its own sphere, federal law is supreme and
that state law must, in case of conflict, yield?
a. Supremacy Clause.
b. Superior Clause.
c. The Necessary and Proper Clause.
d. Federal Clause. - Answers a. Supremacy Clause.
The doctrine aimed at dividing the governing powers between the federal governments and the states
is:
a. judicial review.
b. federalism.
c. separation of powers.
d. preemption. - Answers b. federalism.
If governmental action violates the U.S. Constitution, under judicial review the courts will:
a. incorporate that legislation.
b. renew that action.
c. affirm that action.
d. invalidate that action. - Answers d. invalidate that action.
The Contract Clause does NOT preclude a state from:
a. exercising eminent domain.
b. retroactively modifying public charters.
, c. changing contracts after they have been made.
d. issuing a state currency. - Answers a. exercising eminent domain.
Procedural due process pertains to all but which of the following government actions?
a. Where a college student is passed over for a private scholarship.
b. Where a criminal is sent to a detention facility.
c. Where a public school teacher is fired from his tenured position.
d. Where a mother's food stamps are denied. - Answers a. Where a college student is passed over for a
private scholarship.
Which one of the following activities is NOT regulated by the federal government?
a. Immigration and naturalization of individuals.
b. Educate children.
c. Grant patents.
d. provide bankruptcy protection. - Answers b. Educate children.
Which of the following is correct with regard to the powers of state government in the United States?
a. All powers not specifically enumerated to the federal government are reserved to the states.
b. The power over crimes is reserved to the federal government.
c. The power over militia is reserved to the states.
d. The powers of the federal government are superior to every state power. - Answers a. All powers not
specifically enumerated to the federal government are reserved to the states.
The First Amendment protects most speech by using a __________ standard.
a. separation of powers
b. strict scrutiny
c. rational relationship
d. intermediate test - Answers b. strict scrutiny
The executive branch's primary check on both the judicial and legislative branches is the power to:
a. interpret the law or declare legislation unconstitutional.