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Law
Q:
The original seven articles to the Constitution contain little mention of individual rights and freedoms.
Q:
Under Article 1 10, entitled "Powers Denied to the States," states are notprohibited fromA. entering into treaties or alliances.B. enacting laws pursuant to a general police power.C. passing a Bill of Attainder, an ex post facto law, or a law impairing the obligation of contracts.D. granting a title of nobility.
Q:
Which of the following is nota criteria considered by the Supreme Court when it evaluates the constitutionality of a state tax affecting interstate commerce?A. whether the tax is on an activity that has substantial nexus with the taxing stateB. the amount of the taxC. whether the taxed business or individual faces the possibility of a double tax in another stateD. whether the tax is fairly related to services provided by the taxing state
Q:
Which of the following laws was held notto be in violation of the dormant commerce clause for unfairly discriminating against out-of-state interests?A. a law that imposed a surcharge of $2.50 on solid waste if the waste had been generated out of state, but only $.85 if generated within the stateB. a property tax exemption for charitable institutions that excluded organizations operated principally for the benefit of nonresidentsC. a state law that "tolled" the statute of limitations for a breach of contract case for times that the defendant was out of stateD. an environmental law prohibiting milk from being packaged in plastic containers when the result was a benefit to the large paper industry of the state
Q:
In determining if a state law is unconstitutional under the dormant commerce clause, the Court considersA. whether the state law conflicts with a federal law.B. the burden on interstate commerce in relation to local necessity.C. whether other states have similar laws.D. None of the above.
Q:
The dormant commerce clause applies toA. situations where federal and state laws actually conflict.B. any state law that impacts interstate commerce.C. state laws that impact interstate commerce where no federal law on the subject exists.D. federal laws that impact interstate commerce where no state law on the subject exists.
Q:
One common criterion used by the Court to decide if conflict preemption exists isA. whether compliance with both federal and state regulations is a physical impossibility.B. the scope of the federal law and the federal interest involved.C. whether the federal law was enacted first.D. whether the federal law is broader than the state law.
Q:
The key factor in deciding if field preemption applies isA. the intent of Congress.B. if a conflict between the federal and state law exists.C. the intent behind the state law.D. None of the above.
Q:
A clause in a federal law providing that the law "does not exempt any person from any liability under common law" is known as aA. preemption clause.B. a savings clause.C. an exemption clause.D. a liability clause.
Q:
In general, a state law is found unconstitutionalA. if a federal law preempts the state law.B. if a state law or tax violates the commerce clause, even though there is no federal law on the subject (dormant commerce clause).C. if the state law violates some other provision of the Constitution.D. All of the above.
Q:
The powers of states to enact laws is found inA. the First Amendment. B. the Fifth Amendment. C. the Tenth Amendment.D. the Fourteenth Amendment.
Q:
The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.
Q:
The Supreme Court has held that a state law prohibiting banks from selling insurance conflicts with a federal law giving banks the right to sell insurance in small towns.
Q:
A federal law can impliedly preempt a state law.
Q:
The Supreme Court has held that, because of the doctrine of preemption, a cigarette manufacturer who complied with federal labeling requirements could not be sued in state court for failure to adequately warn of the dangers of cigarette smoking.
Q:
Whether express preemption exists depends on congressional intent.
Q:
A federal law can preempt not only a state legislative enactment but also a state common law right to sue.
Q:
Ultimately, the determination of the constitutionality of state laws is up to the U.S. Supreme Court.
Q:
The existence of a federal law does not necessarily prohibit a state from enacting similar laws.
Q:
The powers of the state government and the powers of the federal government are mutually exclusive.
Q:
The power of states to enact laws is broader than the power of the federal government.
Q:
The__________consisted of several similar cases heard together by the Court that dealt with actions taken by President Lincoln prior to any congressional declaration of war.A. Lincoln CasesB. Presentment Cases C. Youngstown Cases D. Prize Cases
Q:
The Suspension Clause, Article I 9 of the U.S. Constitution authorizes the president to suspend the writ of habeas corpus in times ofA. peace and prosperity.B. domestic calm and tranquility.C. rebellion and invasions.D. All of the above.
Q:
The president has the power to pardon individuals whoA. have committed federal offenses.B. have committed state offenses.C. have committed any offense.D. have been convicted in an impeachment trial.
Q:
The president has the power to appointA. all U.S. Supreme Court justices.B. all federal courts of appeals justices.C. all federal district court justices.D. All of the above.
Q:
An executive agreementA. is another term for an executive order.B. is an agreement between the president and the head of another nation.C. requires Senate approval.D. Both b and c.
Q:
The War Powers ResolutionA. limits the power of the president as commander in chief to use military force.B. requires the president to report to Congress within forty-eight hours of using force unless the president consulted with Congress prior to the use of force.C. gives Congress the right to order the removal of armed forces from hostile situations.D. All of the above.
Q:
The Supreme Court refused to hear constitutional challenges to the Vietnam War becauseA. the war was over before the cases got to the Supreme Court. B. the Court did not give a reason for refusing to hear the cases. C. the Court considered it to be a political question.D. the Constitution prohibits the Court from questioning the president's actions as commander in chief.
Q:
Inherent presidential powersA. are implied powers.B. are express powers.C. are provided for in the Constitution.D. Both a and c.
Q:
The president has the right to veto legislation under which clause of the Constitution?A. the Presentment ClauseB. the Interstate Commerce ClauseC. the Due Process ClauseD. the Equal Protection Clause
Q:
The most specific powers of the president are found in which Article of the Constitution?A. Article I B. Article II C. Article IIID. All of the above.
Q:
The Supreme Court believes that national security alone justifies a president's suspension or termination of basic constitutional rights.
Q:
The power to pardon includes the power to grant amnesty to a group of people.
Q:
The Supreme Court ruled that a special prosecutor is an inferior officer and could be appointed by the Court rather than the president.
Q:
The Supreme Court has ruled that the president has the inherent power to stop newspapers from publishing sensitive documents during a war.
Q:
During a war, the president has the unlimited right to suspend the writ of habeas corpus.
Q:
The president shares war powers with Congress.
Q:
The Supreme Court held that the president did not have inherent powers to assume control of steel mills after a steelworker's union declared a nationwide strike.
Q:
Because of the doctrine of separation of powers, the Supreme Court does not have the right to rule on the legality or enforceability of a presidential proclamation.
Q:
An executive order compels some action and is often directed at administrative agencies.
Q:
The presidency is not a position of unlimited power.
Q:
According to the Supreme Court, the power to regulate interstate commerce did not includeA. the power to regulate all child pornography on the Internet through the Child Pornography Prevention Act of 1996.B. the power to regulate racial discrimination by businesses involved in interstate commerce.C. the power to regulate telephone service under the Telecommunications Act of 1996.D. the power to pass a law making it a crime for a parent to fail to pay child support under certain situations.
Q:
Congress can delegate its responsibilitiesA. to the president, but to no one else.B. to the president or an administrative agency as long as Congress establishes a principle to which the president or agency is directed to conform.C. to the courts.D. whenever it wants.
Q:
Which of the following would not be the proper subject of a congressional investigation?A. an allegation of domestic abuse lodged against a federal judgeB. qualifications of candidates for government appointmentsC. conduct of the presidentD. proposed legislation
Q:
Using its power to regulate money, which of the following can Congress not do?A. punish counterfeitingB. establish a national bankC. coin moneyD. Congress can do all of the above.
Q:
Congress has used the Interstate Commerce Clause to enact legislation affectingA. civil rights.B. the environment.C. communication including the Internet.D. All of the above.
Q:
The federal government can tax state activitiesA. under any circumstance because the federal government is supreme.B. when a state is involved in a nongovernmental activity, such as bottling water.C. never, because of the doctrine of sovereign immunity.D. never, because of the doctrine of federalism.
Q:
The power to impose an income tax is found inA. Article 1 8.B. Article 1 9.C. the Sixteenth Amendment.D. Supreme Court decisions.
Q:
Under the original articles of the Constitution, Congress was not given the power to enact which type of tax?A. dutyB. a direct tax that was not based on state populationC. an excise taxD. an impost tax
Q:
Among the enumerated powers of Congress is the power toA. tax and borrow money. B. regulate immigration. C. declare war.D. All of the above.
Q:
Under the Constitution, the federal government is given the power to regulateA. all matters dealing with foreign relations.B. all matters of domestic concern.C. Both a and b.D. Neither a nor b.
Q:
Because of Congress's war powers, the president must obtain the prior consent of Congress before committing troops to foreign soil.
Q:
The Supreme Court has found that a law making it a crime to possess a gun near a school is part of Congress's power to regulate interstate commerce.
Q:
The federal government has the power to spend for the "general welfare."
Q:
Income tax requirements cannot deprive a person of his or her Fifth Amendment rights against self-incrimination.
Q:
Government cannot impose taxes with a regulatory purpose.
Q:
The primary purpose of the power to tax is to be able to raise revenue necessary to run the government.
Q:
At one time, the Supreme Court held that the income tax was a direct tax, and because it was not in proportion to state population, it was unconstitutional.
Q:
A major problem with the Articles of Confederation was the inability of the national government to tax.
Q:
The Necessary and Proper Clause is an important source of congressional power.
Q:
The lawmaking power of Congress is found exclusively in Article 1, section 8 of the Constitution.
Q:
Supreme Court cases involving interpretation of the Constitution are binding on the states becauseA. federal court decisions are always binding on the states.B. the Supremacy Clause makes the U.S. Supreme Court the highest court in the land.C. the concept of federalism requires this.D. the Supremacy Clause makes the Constitution the Supreme Law of the Land.
Q:
The doctrine of sovereign immunityA. limits the right of parties to sue the federal or state government.B. as applied to state governments, is recognized in the original articles of the Constitution.C. prevents anyone from ever suing the federal or state government.D. All of the above.was abolished by the Eleventh Amendment.
Q:
When an appellate court remands a case, itA. affirms the decision.B. reverses the decision and enters judgment for the party that lost at trial.C. reverses the decision and sends it back to the lower court for further proceedings.D. None of the above.
Q:
Which of the following situations usually involves a political question and will, therefore, generally not be heard by the court?A. a controversy regarding voting rightsB. a controversy regarding whether a treaty was terminatedC. a controversy regarding reapportionmentD. All of the above.
Q:
Taxpayers often have difficulty pursuing court cases dealing with tax laws becauseA. tax issues are rarely ripe.B. tax issues are usually moot.C. taxpayers often lack standing.D. tax issues usually involve political questions.
Q:
The Rule of Four refers toA. the number of justices required to grant a petition for writ of certiorari.B. the number of justices required to win a case in the Supreme Court.C. the number of justices who hear Supreme Court cases.D. the number of justices who hear cases in the Courts of Appeals.
Q:
The Supreme Court has exclusive original jurisdiction in which of the following?A. cases involving ambassadors, public ministers, and consulsB. cases between two statesC. Both a and bD. Neither a nor b
Q:
Diversity of citizenshipA. constitutes a basis for federal court jurisdiction under the Constitution.B. refers to controversies between citizens of a state and citizens of a foreign country.C. refers to controversies between citizens of different states.D. All of the above.
Q:
Which of the following is not within the subject matter jurisdiction of the federal courts, as expressed in the Constitution?A. cases arising under federal lawsB. cases arising under state lawsC. admiralty and maritime casesD. controversies between citizens of different states
Q:
The power or authority that a court has to hear a case is known asA. the power of judicial review.B. jurisdiction.C. appellate review.D. certiorari.
Q:
The power of judicial review allows the courts to determine if state or federal laws conflict with the Constitution.
Q:
As used in connection with the concept of justiciability, the term political question is synonymous with political issue.
Q:
The Supreme Court has held that a conservation group lacked standing to sue a business that was interfering in an area's aesthetics because the individual club members were not personally affected.
Q:
The Supreme Court has held that a case challenging abortion laws becomes moot if the plaintiff gives birth before an appeal can be heard.
Q:
The Supreme Court has held that a case challenging voting requirements for a specific election becomes moot once the election is over.
Q:
An actual controversy must exist for a court to have the right to hear a case; courts cannot give advisory opinions.
Q:
The granting of a petition for writ of certiorari is a good indication that the petitioner will eventually prevail before the Court.
Q:
A special master is used by the Supreme Court in cases in which the Court exercises original jurisdiction.
Q:
The Supreme Court is strictly a court of review having appellate jurisdiction but no original jurisdiction.