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Exam 5: Constitutional Law

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Question 21

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Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?

A) Whether the statute has a secular legislative purpose.
B) Whether the statute's principal or primary effect either advances or inhibits religion.
C) Whether the statute fosters an excessive government entanglement with religion.
D) Whether the statute has a secular legislative purpose; whether the statute's principal or primary effect either advances or inhibits religion; and also whether the statute fosters an excessive government entanglement with religion.
E) Whether the statute has a secular legislative purpose and whether the statute's principal or primary effect either advances or inhibits religion; but not whether the statute fosters an excessive government entanglement with religion.

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

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Question 22

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Junk Food.Mary Dogood,a member of the school board in ABC County,is appalled at the amount of junk food in the schools.She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center.A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens.Convenience stores balk at the regulation and challenge it in court.What do courts generally presume regarding laws passed in accordance with states' police power?

A) There is no presumption.
B) That the law is valid.
C) That the law is invalid.
D) That the law is valid unless it involves a First Amendment right.
E) That the law is valid unless it involves the Commerce Clause.

F) B) and D)
G) B) and E)

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Question 23

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What constitutional power does the United States president use to overrule laws passed by the legislative branch of government (i.e.,the U.S.Congress) ?

When may government agents search without a search warrant?

Which constitutional amendment provides that the government cannot infringe on citizens' right to bear arms?

When can government agents obtain a search warrant?

Which of the following was the result in the Black Star Farms,LLC et al.v.Jerry Olive,Arizona Department of Liquor License and Control et al.case referenced in the textbook,in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

________ cannot deprive individuals of the freedoms protected by the Bill of Rights.

The Supremacy Clause is located in Article VI of the U.S.Constitution.

Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer is concerned that the judge has not granted Sam a hearing.Which of the following is one right that the judge has violated?

Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer,who just graduated from law school,is not sure if the police acted legally in Sam's case by breaking down the door.Which of the following is true on that issue?

The United States Congress can overturn a presidential veto with a simple majority vote of the members of Congress.

The power of legislative fiat allows courts to review the constitutionality of lower courts' decisions.

Explain the concept of the "Dormant Commerce Clause." Address whether a state law banning the importation of out-of-state apples in order to assist in-state growers would violate the Dormant Commerce Clause.

Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,according to the doctrine of ________,the state law is unconstitutional.

Which constitutional amendment protects freedom of religion?

Which clause of the United States Constitution provides that the Constitution,laws,and treaties of the U.S.constitute the supreme law of the land?

The Supremacy Clause is located in Article ________ of the United States Constitution.

The United States Constitution establishes ________ branches of government.

Which of the following references the clause of the United States Constitution that provides "Full Faith and Credit shall be given in each State to the public Acts,Records,and judicial Proceedings of every other State"?