Reference no: EM133262994

Questions

1. The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:

limiting the states from furthering only state interests.

limiting a state's ability to tax vendors.

prohibiting state legislation that unduly burdens intrastate commerce.

prohibiting state laws that openly discriminate against interstate commerce.

2. The Takings Clause must have a taking:

for a compelling private purpose.

for a public purpose and the private property owner is entitled to just compensation.

that is justified by the supremacy clause while compensation is rarely required.

that prohibits private property owners from securing just compensation.

3. In the case of a taking, just compensation includes the:

fair market value of the property plus its sentimental value.

current fair market value plus any expected future value from the taking.

current fair market value of the property involved in the taking.

fair market value of the property if it were to be sold to a developer.

4. The _____ protects people from arbitrary government interference with their life, liberty, or property rights.

procedural due process

substantive due process

equal protection clause of the fifteenth amendment

due process clause of the sixth amendment

5. The states are prohibited from arbitrarily discriminating against persons by the _____ Clause of the _____ Amendment.

Equal Protection; Fourteenth

Equal Protection; Fifth

Due Process; Fourteenth

Due Process; Fifth

6. If the governmental action has a reasonable relationship to the achievement of a legitimate purpose, it is declared constitutional under:

strict scrutiny analysis.

intermediate scrutiny analysis.

rational basis analysis.

suspect classifications.

7. Under rational basis analysis, _____.

a government action will be upheld as long as it has a reasonable relationship to the achievement of a legitimate purpose, even if those provisions are foolish

discrimination on the basis of a suspect category will receive highest scrutiny and misdirected provisions are generally invalid if they are subject only to rational basis review

courts will deem a government action unconstitutional when the action impinges on a fundamental right

discrimination on the basis of economic interest will receive highest scrutiny

8. Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:

its action bears a rational relationship to its desired end.

it is pursuing a compelling government interest.

it is pursuing a governmental end in the most intrusive manner.

there is no restriction on commercial speech.

9. Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. In this scenario, the court will uphold the governmental restrictions on his speech only:

under the Fifth Amendment.

if the regulation is the least intrusive means to promote a compelling governmental interest.

if it is commercial speech, which will then receive protection under the Fifth Amendment.

under the Fourteenth Amendment.

10. Under the First Amendment, commercial speech is:

subject to intermediate scrutiny unlike political speech.

completely suppressed regardless of it being misleading or truthful.

subject to strict scrutiny just like political speech.

completely unregulated unless it is put in writing.