Mid-term 30 questions

Question 1

After a proposed constitution was written, it was submitted to the states for ratification. This ratification was opposed by some states because:

A. The constitution contain no Bill of Rights
B. Excessive power was concentrated in the state governments
C. Congress had no power to tax
D. Small states were not given fair representation in the senate of the United States

Answer 1

A. The constitution contain no Bill of Rights

Question 2

Under the terms of the proposed constitution, the new government was to become operative if a certain number of states ratified. This number was:

A. 9
B. 10
C. 11
D. All 13 states

Answer 2

A. 9

Question 3

First Congress assembled under the new constitution did so in the year:

A. 1787
B. 1789
C.1791
D. 1776

Answer 3

B. 1789

Question 4

The United States Constitution, as originally adopted:

a. prohibited the federal government from depriving any person of life, liberty, or property
without due process of law.

b. was a very long, drawn-out document that expressly dealt with all problems that might
conceivably arise in the future.

c. was divided into seven major portions or articles.
d. neglected to include any provision for the method of amendment

Question 5

Article 1 of the United States Constitution:

A. Grants Congress the power to regulate interstate and foreign commerce
B. Contains the supremacy clause
C. Protects freedom of speech
D. Delegates the president the power to declare war

Answer 5

A. Grants Congress

Question 6

Article II of the US constitution:

A. Establishes the powers of the president
B. Contains the supremacy clause
C. Protects freedom of speech
D. Delegates the president the power to declare war

Answer 6

A: establishes the powers of the United States president

Question 7

The first three articles of the constitution are commonly referred to as the:

A. Delegations of powers articles
B. Supremacy clauses
C. Separation of powers articles
D. Necessary improper provisions

Answer 7

C. Separation of powers articles

Question 8

Supposed to Supreme Court recently handed down a decision declaring that the death penalty violates the eighth amendment which prohibits cruel and unusual punishment and, therefore, may no longer be imposed. The members of Congress are outraged by this decision and want to change it. Under our constitution, a Supreme Court decision interpreting the constitution:

 A. Is immutable and cannot be changed
B. Can be notified only by a 3/4 vote of both houses of Congress
C. Can’t be nullified by a constitutional amendment proposed by 2/3 vote in both houses of Congress and ratified by 3/4 of the state legislatures
D. Can be notified only if the legislatures of 26 states proposed the calling of a constitutional convention

Question 9

The commerce clause, as interpreted by the Supreme Court:

A. Allows Congress to regulate any activity that has substantial affect on interstate commerce, even though the activity takes place entirely within the confines of a single state.
B. Exempt state governments and their agencies for regulations enacted by Congress under its commerce clause powers
C. Does not allow Congress to enact criminal statutes
D. Does not allow Congress to enact laws affecting areas in which there are existing state regulations

Answer 9

A. Allows Congress to regulate any activity that has substantial affect on interstate commerce, even though the activity takes place entirely within the confines of a single state.

Question 10

Congress has enacted crime legislation such as motor vehicle theft act under one of the powers delegated under article 1 section 8. That provision is the:

A. Power to regulate interstate and foreign commerce
B. Authority to enter into treaties and alliances
C. Full faith and credit provision
D. Intrastate regulatory clause

Answer 10

A. Power to regulate interstate and foreign commerce

Question 11

Article 1, section 10 of the constitution prohibits the states from exercising certain powers. Under the section, states are prohibited from:

A. Establishing segregate schools
B. Denying citizens life, liberty, or property without due process of law
C. Establishing banks without the consent of Congress
D entering it to treaty‘s alliances or Confederations

Answer 11

D. entering it to treaty‘s alliances or Confederations

Question 12

In 1994, Jones committed an armed robbery. In 1996, the Kentucky legislator enacted a law increasing the punishment for armed robbery from 15 to 20 years in prison six months later, Jones was captured, tried, convicted, and sentenced to 20 years in prison. Sentencing Jones to 20 years violates the:

 A. First amendment
B. 14th amendment
C. Fifth amendment due process clause
D article 1, section 10 ex-post Facto clause

Answer 12

D. article 1, section 10 ex-post Facto clause

Question 13

Which of the following constitutional provisions prevents state legislatures from enacting
laws that declare individual citizens guilty of crimes and confiscating their property?

A. Article 1, section 10 prohibition against bills of attainder
B. 14th amendment equal protection clause
C. Fifth amendment due process clause
D Second amendment

Question 14

Which of the following statements most accurately reflects the constitutional division of
power between the federal government and the states?

a. The Founders contemplated that the federal government would be more powerful than the
states.

b. Supreme Court’s expansive interpretations of the commerce clause have caused a steady shift
in the balance of power in the favor of the federal government.

c. The federal government holds all powers not expressly reserved to the states.

d. The balance of power between the federal government and the states established by the
Constitution of 1789 is fixed and cannot be changed through judicial interpretation of the
enumerated powers

Question 15

Under our federal system of government, states have primary authority to:

A. Enact bankruptcy laws

B. Punish counterfeiting

C. Provide for education of children

D. Provide for organizing, maintaining, and arming troops in times of peace

Answer 15

C. Provide for education of children

Question 16

The bill of rights:

A. Was adopted by the colonist in 1776

B. Declares that no state shall deny any person due process of law

C. Was proposed by The first Congress to fulfill pledges made to the states to secure ratification of the constitution

D. Guarantees states protection against internal insurrections

Answer 16

C. Was proposed by The first Congress to fulfill pledges made to the states to secure ratification of the constitution

Question 17

The right to be indicted by grand jury before being tried for capital or otherwise infamous crime is/has been:

A. Guaranteed by the first amendment

B. Guaranteed by the fifth amendment

C. Guaranteed by the 10th amendment

D. Made binding on the states through incorporation into the 14th amendment

Answer 17

B. Guaranteed by the fifth amendment

Question 18

protection against unreasonable searches and seizures is guaranteed by the

A. Third amendment

B. Fourth amendment

C. Fifth amendment

D.  sixth amendment

Answer 18

B. Fourth amendment

Question 19

The right to trial by jury in criminal cases is/has been:

A. Guaranteed by the first amendment

B. Guaranteed by the second amendment

C. Guaranteed by the third amendment

D. Made binding on the states through incorporation into the 14th amendment

Answer 19

D. Made binding on the states through incorporation into the 14th amendment

Question 20

In a recent decision, the Supreme Court found the Virginia Military Institute’s (VMI) all-male admissions policy unconstitutional as a violation of:

a. substantive due process.
b. procedural due process.
c. equal protection of the laws.
d. the Tenth Amendment.

Answer 20

a. substantive due process.

Question 21

The first amendment mentioned several rights in addition to freedom of speech. among the rights mentioned is the right to:

A. Privacy

B. Bear arms

C. Peaceably assemble

D. Vote

Answer 21

C. Peaceably assemble

Question 22

The rights guaranteed by the first amendment are binding:

 A. Only on the federal government

B. On the federal, state, and local governments

C. On federal, state, and local government and shopping malls

D. On federal, state, and local governments, and private companies employee more than 100 people

Answer 22

B. On the federal, state, and local governments

Question 23

All but which of the following activities are regarded as “speech“ for purposes of the first amendment?

 A. Organizing a parade

B. Soliciting funds

C. Refusing to pledge allegiance to the flag

D. Jogging

Answer 23

D. Jogging

Question 24

During the Persian Gulf War, six anti-war demonstrators climbed up the fire escape and onto
the roof of an Armed Services Recruiting Station building where they lowered the flag flying
over the building and burned it. Their reason for doing this was to protest the government’s
involvement in the Persian Gulf War. They were indicted and convicted for criminal trespass and
malicious destruction of government property. On appeal, they contended that their conviction
violated their rights under the First Amendment. The appeals court should:

a. set the conviction aside on the grounds that flag burning is constitutionally protected
symbolic speech.

b. set aside the conviction on the ground that the chosen location of the demonstration is a
public free speech forum.

c affirm the conviction under the O’Brien test because the government has a substantial
nonspeech interest in regulating trespassing on the roof of government buildings and destroying
government property.

d. affirm the conviction under the clear and present danger doctrine

Answer 24

c affirm the conviction under the O’Brien test because the government has a substantial
nonspeech interest in regulating trespassing on the roof of government buildings and destroying
government property.

Question 25

Laws outlawing speech based on the message are:

A. Always unconstitutional

B. Constitutional as applied to oral communications but not to written communications

C. Unconstitutional unless the message is offensive

D. Constitutional if the speech falls within one of the unprotected categories

Answer 25

D. Constitutional if the speech falls within one of the unprotected categories

Question 26

First amendment protection has been withdrawn from all but one of the following categories of speech. Which category continues to enjoy some degree of first amendment protection:

A. Profanity

B. Obscenity

C. Fighting words

D. Threats

Answer 26

A. Profanity

Question 27

The test currently used to determine whether literary works are obscene was established by the Supreme Court in:

A. Brandenburg versus Ohio

B. Chaplinsky versus New York

C. Grace versus United States

D. Miller versus United States

Answer 27

D. Miller versus United States

Question 28

A literary work can be banned as obscene only if the work:

A. Contains pictures of a deviant sexual acts

B. Is distributed to minors

C. Lacks serious literary, artistic, political, or scientific value

D. Visually to pick’s real children engaged in sexual activity

Answer 28

C. Lacks serious literary, artistic, political, or scientific value

Question 29

In which of the following situations is the defendant language most likely to be regarded as constitutionally unprotected “fighting words“?

A. The defendant during a campaign speech called his opponent, who was not present at the time, a “fascist pig.“

B. The defendant, seen a white man holding hands with a black woman, stop the man and said: “cracker, if you don’t take your hands off that lady, I’ll break your neck.“

C. The defendant, I’m being stopped for traffic offense, call the police officer a “stupid son of a bitch“

D. The defendant delivered a speech denouncing racism and urging blacks in the audience to fight for their rights

Answer 29

B. The defendant, seen a white man holding hands with a black woman, stop the man and said: “cracker, if you don’t take your hands off that lady, I’ll break your neck.“

Question 30

In Brandenburg versus Ohio, the Supreme Court established the test that controls when speech can be punished as:

a. “fighting words.”
b. hate speech.
c. obscenity.
d. incitement to violence or other unlawful acts

Answer 30

d. incitement to violence or other unlawful acts