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Exam 5: Constitutional Law

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Question 1

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Edwin moved into an apartment complex.The rules of the complex prohibit unmarried men and women from living together in the same apartment.When Edwin's friend,Barbara,moved into the apartment he was served with eviction papers.Edwin claims the apartment complex is violating his constitutional rights since it allows married couples to live together.Is Edwin right?

A) Yes.His equal protection rights have been violated.
B) No.His rights under the Due Process Clause have not been violated.
C) Yes.His First Amendment rights have been violated.
D) No.Constitutional protections do not extend to privately owned apartment complexes.

E) A) and B)
F) None of the above

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Question 2

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The states may not enact laws that affect interstate commerce.This concept is called:

A) the dormant aspect of the Commerce Clause.
B) the negative aspect of the Supremacy Clause.
C) the substantial effect rule.
D) federalism.

E) B) and C)
F) A) and B)

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Question 3

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Misleading commercial speech may be outlawed altogether without violating the Constitution.

Professor Rifkin accused Helena,a senior at a large state university,of cheating on an final test.The Professor claimed that Helena had to prove to him that she did not cheat.She failed to convince him,she was expelled from college.Helena was denied her due process rights.

If there is a conflict between a state and federal law,generally the federal law will prevail because of the:

The doctrine of preemption is based on the Constitution's:

Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional.

The issue of the constitutional protections afforded flag burning was addressed in:

The primary source of federal power to regulate business is the:

Identify the basic job of a President of the United States,the source of executive power,and three key powers associated with the position of President.

West Virginia passed a statute regulating working conditions in its mines.If the statute is challenged in court on substantive due process grounds:

Every year the U.S.Supreme Court receives about 8,000 requests to review cases.Of this number,the Court will hear about:

A woman wishes to attend an all-male,publicly supported college.She claims the college is violating the Equal Protection Clause of the Constitution.What level of scrutiny will the court use when deciding this case?

The "dormant" aspect of the Commerce Clause:

Judicial review can best be described as the power of federal courts to:

Discuss the Miller test to determine if a creative work is obscene.

Cromwell lives in a condominium complex.He will be spending a year overseas,and he would like to rent out his unit while he is away.The Homeowner Association informs him that,according to their bylaws,he does not have the right to lease his unit without prior approval by the Association's Board of Directors.The Association has made an unconstitutional restriction of the property rights of residents of the condominium complex.

Jamie and her friends burn an American flag as an act of political protest.Jamie is arrested for violating a state law that prohibits flag burning.The Supreme Court has ruled that laws making it illegal to burn an American flag:

The 14ᵗʰ Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation:

The Framers of our Constitution,a true cross section of the population at the time,created the Constitution by drafting a new document rather than amending the Articles of Confederation,which had been the governing document of the colonists.