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Under their police powers,states can regulate only public activities,such as political demonstrations.

A) True
B) False

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False

Whether the federal government has preempted a certain area is always clear.

A) True
B) False

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When there is a direct conflict between a federal and a state law,the state law is rendered invalid.

A) True
B) False

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Procedural due process requires that any government decision to take a person's property must be made fairly.

A) True
B) False

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Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

A) True
B) False

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Myra claims that a Nebraska state statute infringes on her "procedural due process" rights.This claim focuses on


A) procedures used in making decisions to take life,liberty,or property.
B) the content of the statute.
C) the similarity of the treatment of similarly situated individuals.
D) the steps to be taken to protect Mary's privacy.

E) A) and B)
F) None of the above

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The Constitution expressly excludes state regulation of commerce.

A) True
B) False

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Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that


A) Joe's state law claim preempts the federal law.
B) the federal law and state law claim are concurrent.
C) the federal and state law claim cancel each other out.
D) the federal law preempts Joe's state law claim.

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

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Congress can regulate all commerce in the United States.

A) True
B) False

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Parker owns and operates Rancho Mirage Corporation,a destination resort in Arizona that features horseback riding and bunkhouse accommodations.The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Included as "legal persons" under this clause are


A) the bunkhouses and other "manmade creations."
B) the corporation and Parker.
C) horses and other "beings in nature."
D) none of the choices.

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

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Minnesota enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be


A) an unconstitutional restriction of speech.
B) constitutional under the First Amendment.
C) justified by the need to protect individual rights.
D) necessary to protect state interests.

E) All of the above
F) None of the above

Correct Answer

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A

The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

A) True
B) False

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The state governments retain all powers not specifically delegated to the federal government.

A) True
B) False

Correct Answer

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True

Len,a citizen of Maryland,obtains a federal license to operate a commercial fishing boat in Chesapeake Bay.The Maryland state legislature enacts a law that bans all commercial fishing in the bay.The state law most likely violates


A) no provision in the U.S.Constitution.
B) the commerce clause.
C) the due process clause.
D) the supremacy clause.

E) C) and D)
F) All of the above

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A law that regulates economic matters violates the equal protection clause.

A) True
B) False

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The police obtain a search warrant and search Errol's apartment.After yelling obscenities at the officers,Errol confesses to a crime and implicates his friends.The Constitution protects against


A) obscene speech.
B) implication of others.
C) unreasonable searches.
D) none of the choices.

E) A) and D)
F) B) and C)

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Ulrich,a citizen of Virginia,wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc.A Washington state court is most likely to enforce such rights under


A) no provision in the U.S.Constitution.
B) the commerce clause.
C) the full faith and credit clause.
D) the privileges and immunities clause.

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

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A Massachusetts state statute imposes a prison term,without a trial,on all street entertainers who operate in certain areas.A court would likely review this statute under the principles of


A) equal protection.
B) free exercise.
C) procedural due process.
D) substantive due process.

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

Correct Answer

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The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway.Congress can spend revenues


A) only to carry out Congress's enumerated powers.
B) to promote any objective that Congress deems worthwhile.
C) without regard to whether the expense violates the Bill of Rights.
D) without regard to whether the expense violates the Constitution.

E) B) and C)
F) None of the above

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Mike,an advocate of a certain religion,publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles.The First Amendment guarantees Mike's freedom of


A) religion only.
B) speech only.
C) the press only.
D) the press,speech,and religion.

E) B) and D)
F) A) and D)

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