The short answer and essay problems are not included in the
quiz. However, you should complete them as they provide a helpful review.
True/False:
1.
The Constitution grants to Congress
the power to regulate interstate and foreign commerce.
2.
Neither the Fourteenth Amendment nor
the due process clause of the Fifth Amendment prevent all
governmental classifications of individuals by age.
3.
The First Amendment means that a
person may say whatever he wants whenever he wants without fear of subsequent
penalty.
4.
Courts are ordinarily unwilling to
contradict a state’s declaration that an eminent domain taking is for a public
purpose.
5.
The Contract Clause prohibits the
federal government from passing any law impairing the obligation of contracts.
Multiple Choice:
1.
Which of the following statements
best describes the congressional commerce power?
a.
The Lopez case makes it clear that
the commerce power’s interstate reach is not without limits.
b.
If it is intrastate commerce that
feels the pinch, it does not matter how local the operation that applies the
squeeze.
c.
Congress may, by appropriate
legislation, regulate intrastate activities where they have no effect on
interstate commerce.
d.
The power of Congress to regulate
economic activity is limited to the arena of foreign commerce.
2.
The power of a state to pass laws
that promotes public welfare and protect public health and safety is called
a.
Executive Power
b.
Police Power
c.
Substantive Power
d.
Parochial Power
3.
A Massachusetts law prohibits banks
from making contributions or expenditures “for the purpose of influencing
or affecting the vote on any question submitted to the voters, other than one
materially affecting any of the property, business or assets of the bank.”
Is such a law constitutional?
a.
Yes, because corporations do not have
First Amendment rights.
b.
Yes, because there is a compelling
state interest in preventing corporations from having rights which are
coextensive with those of natural persons.
c.
No, because it constitutes a public
taking without just compensation.
d.
No, because in the realm of protected
speech, a legislature cannot dictate the subjects about which persons may speak
and the speakers who may address a public issue.
Matching:
A.
due process of law
B.
equal protection clause
C.
just
compensation
D.
Commerce Clause
E.
Contract Clause
F.
police power
G.
commercial
speech
H.
state action
I.
substantial effect on interstate
commerce
J.
eminentdomain
1.
__Prohibits states from arbitrarily
or invidiously classifying people in such a way that the different categories
of people will be treated unequally.
2.
__ Connotes general fairness and
freedom from arbitrary official action.
3.
__ Doctrine which states that before
a court can invalidate a statute based on due process or equal protection
violations, there must have been involvement by some branch of state
government.
4.
__Gives Congress the power to
regulate commerce among the several states.
5.
__The taking of private property for
public purposes.
6.
__ Protected by the First Amendment.
7.
__An essential element of any
exercise of eminent domain.
8.
__ Basis for congressional regulation
of intrastate activities.
9.
__ State power to pass laws designed
to ensure the public health, safety, and morals.
10.
__Prevents the states from passing
laws impairing the obligation of contracts.
Essay:
1.
In 1939, Farmer Jones harvested 239
bushels of wheat more than he was allotted under a federal law, the
Agricultural Adjustment Act of 1938. Most of the excess wheat was consumed on
the farm as food for his family and animals and was used as seed for the following
year’s crop. The federal government sued Farmer Jones for violating the Act,
and Farmer Jones responded that his use of the wheat was purely local, and
hence not within the power of Congress to reach. Who wins? Explain.
2.
When the United States Constitution
was adopted in the 1780s, the limitations imposed applied to the national
government. For example the First Amendment prevents Congress from establishing
an official governmental religion. The provision does not mention the states.
Do the restraints that operate against the federal government apply to the
states? Explain.
