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BL 3305 Ch 4 quiz Dr. Practice Exam Questions And Well Defined Answers
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The doctrine aimed at preventing any branch of government from gaining too much power is: A) judicial review. B) federalism. C) separation of powers. D) preemption. - correct answer C Most of the protections provided by the U.S. Constitution and its amendments apply only to governmental action, which is referred to as: A) due process. B) state action. C) equal protection. D) separation of power. - correct answer B The U.S. Constitution reserves to the states or to the people: A) powers also delegated to the federal government by the Constitution. B) the powers the Constitution does not prohibit to the states. C) police power. D) employee safety matters. - correct answer B What constitutional principle requires that similarly situated people be treated similarly by government? A) Free speech. B) Equal protection.
C) Due process. D) Eminent domain. - correct answer B Which equal protection test is applied to cases based on gender and legitimacy? A) The rational relationship test. B) The strict scrutiny test. C) The intermediate test. D) All of these. - correct answer C The principle of __________ concerns the compatibility of a law or governmental action with fundamental constitutional rights such as free speech. A) procedural due process B) substantive due process C) the rational relationship test D) equal protection - correct answer B Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals. A) First B) Ninth C) Thirteenth D) Fourteenth - correct answer C The Bill of Rights: A) serves as a major restriction on the powers and authority of the federal government.
A) deferring to the legislature to determine whether such a classification of persons is constitutionally permissible. B) clear and convincing evidence that there is no reasonable basis for the legislation. C) the rational relationship test. D) the strict scrutiny test. - correct answer D Judicial review extends to: A) legislation. B) acts of the executive branch. C) decisions of inferior courts. D) All of these. - correct answer D The state of residence of the Jacobsen family passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura Jacobsen, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment. The case is now under consideration by the state's highest court. In deciding the constitutionality of the provision, the court will: A) apply the rational relationship test. B) apply the strict scrutiny test. C) apply the intermediate standard test. D) create a new test - correct answer C How does the due process clause of the Fourteenth Amendment differ from the due process clause of the Fifth Amendment? A) The Fourteenth Amendment clause protects individuals from violations of their rights by state governments; the Fifth Amendment protects individuals from violations of their rights by the federal government.
B) The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. C) The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. D) The Fourteenth Amendment clause requires the application of strict scrutiny in all cases. - correct answer A The U.S. Constitution provides that Congress has the power to regulate commerce with other nations and among the states. The Commerce Clause has what effect(s)? A) It provides a broad source of power for the federal government to regulate the economy. B) It restricts state regulations that obstruct or unduly burden interstate commerce. C) Both of these. D) Neither of these. - correct answer C