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Exam 5: Constitutional Law

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Question 31

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What are the three independent branches of the federal government?

A) Legislative,executive,and judicial
B) Legislative,commerce,and safety
C) Commerce,safety,and law enforcement
D) Executive,safety,and law enforcement
E) Law enforcement,judicial,and statutory

F) A) and B)
G) C) and E)

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Question 32

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Which of the following is true regarding privacy rights?

A) The U.S.Supreme Court has said that the U.S.Constitution does not provide any right to privacy.
B) The U.S.Supreme Court has found that U.S.citizens have a right to privacy based upon the U.S.Constitution.
C) The U.S.Constitution specifically provides for a right to privacy within the Second Amendment.
D) The U.S.Constitution specifically provides for a right to privacy within the Sixth Amendment.
E) Both that the U.S.Supreme Court has found that U.S.citizens have a right to privacy based upon the U.S.Constitution and that the U.S.Constitution specifically provides for a right to privacy within the Sixth Amendment.

F) All of the above
G) B) and E)

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Question 33

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Insurance.Susan,a trained nurse,was recently elected to the U.S.Senate.Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums.She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults.She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states.Bill,a senator,tells Susan that Congress lacks the authority to tax in this manner because the U.S.Constitution expressly reserves that right to the states.Ellen,another senator,tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives.Sam,an administrative assistant,tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state.Which of the following is true regarding Bill's statement?

According to the Tenth Amendment to the U.S.Constitution,all powers that the Constitution neither gives exclusively to the states nor takes from the federal government are reserved for the federal government.

Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer questions whether Sam had lost his right against self-incrimination.Which of the following is true on that issue?

The rights established by the First Amendment to the United States Constitution are absolute.

The Privileges and Immunities Clause of the United States Constitution gives the federal government the authority to collect taxes.

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,the state law is unconstitutional according to the doctrine of federal subrogation.

Junk Food.Mary Dogood,a member of the school board in ABC County,is appalled at the amount of junk food in the schools.She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center.A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens.Convenience stores balk at the regulation and challenge it in court.In determining whether the law is constitutional,which of the following will a court likely ask?

What type of speech does the First Amendment to the United States Constitution not protect?

Explain the system of checks and balances established by the United States Constitution,and set forth your opinion as to whether such a system adequately supports a democratic form of government.

Courts interpret the ________ Clause of the United States Constitution to mean that no law can be passed that will unreasonably interfere with existing contracts.

Which constitutional amendment extends most of the provisions in the Bill of Rights to the states,prohibiting state interference in citizens' exercise of their rights?

Which of the following is true regarding the protection of "fighting words" under the First Amendment to the United States Constitution?

Insurance.Susan,a trained nurse,was recently elected to the U.S.Senate.Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums.She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults.She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states.Bill,a senator,tells Susan that Congress lacks the authority to tax in this manner because the U.S.Constitution expressly reserves that right to the states.Ellen,another senator,tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives.Sam,an administrative assistant,tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state.Which of the following is true regarding Sam's statement?

What does the Fifth Amendment's protection against self-incrimination mean?

A ________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

The United States Supreme Court has ruled that the First Amendment to the U.S.Constitution protects corporate political speech less compared to the political speech of ordinary citizens.

The first ten amendments to the United States Constitution do not substantially affect government regulation of business.