Q&A Hero

Q: The Supreme Court reviewed a tax issued by the state of Alabama on a federally incorporated insurance organization. The Court found that if a state had the power to levy a tax on a federally incorporated institution, then the state had the power to destroy the federal institution. This would make the states superior to the federal government. Hence, the Court held that Alabama's tax on the insurance organization was unconstitutional. Which of the following supports the act of the Court? A. Supremacy clause B. Exclusion clause C. Strict scrutiny approach D. Minimum rationality approach E. Contract clause

Q: The concept of preemption applies to _____ and rules and regulations of federal administrative agencies. A. the exclusion clause B. the state clause C. local government D. state laws E. federal statutes

Q: Which of the following is true about preemption? A. When the federal government enacts laws in an area, state laws that conflict are retained. B. If a federal law preempts a subject; state law that attempts to regulate it is unconstitutional. C. Preemption does not apply to federal statutes. D. The concept of preemption arises from the contract clause. E. If a federal law preempts a subject; state law that attempts to regulate it is constitutional.

Q: Which of the following is true about the supremacy clause? A. State laws that conflict are incorporated when the federal government enacts laws in an area. B. If a federal law preempts a subject, a state law that attempts to regulate it is constitutional. C. It states that courts must interpret state and federal laws to see if they are in conflict. D. It is applied when the federal government is not acting in pursuit of its constitutionally authorized powers. E. It does not apply to the federal government.

Q: The concept of _____ recognizes that each level of government has a separate and distinct role to play. A. feudalism B. imperialism C. federalism D. statocracy E. fascism

Q: Which of the following is true about federalism? A. State government may limit the federal government's exercise of powers. B. Federalism refers to the common powers of the federal government and governments at the state and local levels. C. Federalism recognizes that all levels of government have interrelated roles. D. Federalism emphasizes that states do not have sovereignty. E. The federal government recognizes that it was created by the states.

Q: When various laws are not consistent, which of the following is given first priority? A. United States Constitution B. State laws C. Local laws D. United States laws E. Uniform State laws

Q: Under the _____, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. A. minimum rationality approach B. exclusion clause C. strict scrutiny approach D. supremacy clause E. contract clause

Q: Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose.

Q: Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional.

Q: The _____ creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States. A. Perpetual Union B. Articles of Association C. United States Charter D. United States Constitution E. Article of Confederation

Q: The separation of powers between levels of government is known as _____. A. feudalism B. federalism C. imperialism D. statocracy E. fascism

Q: The three significant concepts of the Constitution that create a strong centralized, federal government are the concept of separation of powers, the supremacy clause, and the _____. A. concept of federalism B. concept of imperialism C. overbreadth doctrine D. contract clause E. doctrine of preemption

Q: Due process means that government may not act in a manner that is arbitrary, capricious, or unreasonable.

Q: The due process clause prevents public utilities from acting in an unreasonable manner.

Q: Under the minimum rationality approach, a classification must have a wholly arbitrary basis.

Q: Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. TRUE A libel is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods.

Q: If a person involved in defamation is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover.

Q: The public interests served by freedom of expression protect the listener but not the speaker.

Q: If the press publishes that which is illegal or libelous, it has liability for doing so. TRUE

Q: A libel is used to recover damages as a result of transitory statements.

Q: The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state.

Q: Freedom of speech relates to private action that restricts our ability to express ourselves.

Q: Freedom of speech is an absolute constitutional guarantee.

Q: Freedom of speech provides the freedom to express ideas antagonistic to those of the majority.

Q: Freedom of speech protects corporations as well as individuals.

Q: The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy.

Q: Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box.

Q: Constitutional rights remain constant and do not vary from time to time.

Q: Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts.

Q: The contract clause restricts the federal government's power to impact contractual relationships.

Q: The first ten amendments are known as the Bill of Rights.

Q: The concept of preemption applies only to federal statutes, not to the rules and regulations of federal administrative agencies.

Q: The contract clause applies to the federal government in many ways.

Q: The federal government recognizes that states have no sovereignty.

Q: A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the objectives of Congress.

Q: The Constitution emphasizes that federal law is supreme over a state law or local ordinance.

Q: If a federal law preemptsa subject then any state law that attempts to regulate the same activity is constitutional under the supremacy clause.

Q: Explain why gender has not been moved to the strict scrutiny analysis.

Q: List some of the cases that have applied the equal protection clause.

Q: The separation of powers between levels of government is known as federalism.

Q: The concept of federalism recognizes that all levels of government have interrelated roles to play.

Q: List the approaches applied by courts while using the equal protection clause.

Q: Explain the minimum rationality approach.

Q: Explain the strict scrutiny approach.

Q: Which approach should be used to cases involving classifications directed at fundamental rights?

Q: Explain the quasi-strict scrutiny approach.

Q: Explain the concept of the incorporation doctrine.

Q: Explain the concept of actual malice. The threat of a libel suit could have a chilling effect on freedom of the press and on the public's rights to information. Hence, the law has a different standard for imposing liability when the printed matter concerns an issue of public interest and concern. If the person involved is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. Actual malice includes knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not. If the plaintiff is not a public figure or public official, there is liability for libelous statements without proof of malice.

Q: Explain the due process clause.

Q: Explain procedural due process cases.

Q: What is the overbreadth doctrine? Explain.

Q: Explain the features of commercial speech.

Q: Explain the aspects of the freedom of the press.

Q: What is a libel?

Q: Explain the aspects of the contract clause.

Q: Explain the four important aspects of amendments and basic protections.

Q: Describe the two clauses included in the concept of freedom of religion.

Q: Explain the features of freedom of speech.

Q: What is federalism?

Q: Briefly explain the supremacy clause.

Q: Briefly explain the concept of preemption.

Q: Mention the main purpose of the Fourteenth Amendment. List the three important clauses of the Fourteenth Amendment.

Q: List the basic concepts of the United States Constitution.

Q: The meaning and application of the equal protection clause have been central issues in cases involving the: A. right to possess guns. B. freedom of the press. C. freedom of expression. D. prohibition of respecting any establishment of religion. E. makeup of juries.

Q: The equal protection clause has been applied in cases involving: A. welfare residency requirements. B. commercial speech. C. right to use guns in public areas. D. freedom of the press. E. marriage.

Q: Minimum rationality tests are applied to cases involving classifications based on _____. A. race B. national origin C. legitimacy D. marriage E. gender

Q: Quasi-strict scrutiny tests are applied to cases involving classifications based on _____. A. height B. legitimacy C. marriage D. age E. weight

Q: Which of the following is true about the strict scrutiny approach? A. It is used if the classification is partially suspect. B. It falls between the minimum and quasi-strict scrutiny approaches. C. It is used when the rights involved are not quite fundamental. D. Classifications that are subject to this approach are presumed to be constitutional. E. It is applied to cases involving classifications directed at fundamental rights.

Q: The strict scrutiny approach is applied to cases involving rights such as the: A. right to possess guns. B. right to travel. C. right to follow any establishment of religion. D. right to exercise any religious practices. E. right to free speech.

Q: Which of the following is true about quasi-strict scrutiny tests? A. Cases that fall under the minimum rationality approach use quasi-strict scrutiny tests. B. If a classification has a reasonable basis and not wholly arbitrary one, these tests are used. C. They are used for cases involving fundamental rights. D. Cases that fall between the minimum rationality and strict scrutiny approaches use them. E. If a classification is perfectly suspect, quasi-strict scrutiny tests are used.

Q: Quasi-scrutiny tests are made on cases involving classifications based on _____. A. gender B. age C. race D. national origin E. height

Q: A military institute in California launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches should be applied to enable the women avail justice? A. Minimum rationality approach B. Strict scrutiny approach C. Quasi-scrutiny approach D. Intermediate scrutiny approach E. Rational basis approach

Q: Under the minimum rationality approach, a _____ qualifies as a legitimate goal of government. A. rational connection B. prohibited state end C. irrational state end D. permissible state end E. wholly arbitrary case

Q: The _____ test is used if the classification involves either a suspect class or a fundamental constitutional right. A. minimum rationality B. quasi-scrutiny C. rational basis D. intermediate scrutiny E. strict scrutiny

Q: Classifications directed at race, national origin, and legitimacy of birth are _____ classes. A. suspect B. quasi-suspect C. rational basis D. intermediate E. non-fundamental

Q: Polly secured a good grade with a 4 GPA in her admission test. However, she was denied admission by a management school. Hence, she filed a suit that the school had discriminated against her on the basis of race; that she was rejected because the school used race as an important factor, giving applicants belonging to minority groups a greater chance of admission than students with similar credentials from disfavoured racial groups. Which of the following approaches should be applied to solve Polly's case? A. Minimum rationality approach B. Strict scrutiny approach C. Rational basis approach D. Intermediate scrutiny approach E. Quasi-scrutiny approach

Q: Which of the following is true about the strict scrutiny approach? A. Under this approach, a classification will be an acceptance of equal protection. B. Under this approach, a law creating different classifications will survive an equal protection challenge. C. Classifications that are subject to this approach are presumed to be unconstitutional. D. This approach is used when classifications are partially suspect or the rights involved are not fundamental. E. This approach is used when classifications are rationally connected to a permissible government objective.

Q: The concept of incorporation through the _____ clause has made the protection of the Bill of Rights applicable to individuals subject to state and local regulations. A. supremacy B. contract C. due process D. limitation E. exclusion

Q: Which of the following is true under the minimum rationality approach? A. A permissible state end is one which is prohibited by at least one provision of the Constitution. B. A permissible state end is one which is not prohibited by another provision of the Constitution. C. A permissible state end does not qualify as a legitimate goal of government. D. A law creating different classifications will survive if it has an irrational connection to a permissible state end. E. A law creating different classifications will survive if it has a rational connection to a prohibited state end.