TJ_Comp 20_TB_Ch04

TJ_Comp 20_TB_Ch04 - Chapter 4THE CONSTITUTION AS THE...

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Chapter 4—THE CONSTITUTION AS THE FOUNDATION OF THE LEGAL ENVIRONMENT TRUE/FALSE 1. In a federal system, a central government is given power to act nationally while states administer to local concerns. ANS: T MSC: AACSB Analytic 2. The term constitution may refer to the structure of the government or to the written document setting forth that structure. ANS: T MSC: AACSB Analytic 3. The United States utilizes a tripartite division of government. ANS: T MSC: AACSB Analytic 4. The powers given by the states to the federal government are described as delegated powers. ANS: T MSC: AACSB Analytic 5. Some of the powers delegated to the national government still may be exercised by states. ANS: T MSC: AACSB Analytic 6. The power of the states to adopt laws to protect the general welfare of the people is called police power. ANS: T MSC: AACSB Analytic 7. Ex post facto laws can be adopted by either states or the national government. ANS: F MSC: AACSB Analytic 8. The Constitution took certain powers away from the national government and gave them to the state governments. ANS: F MSC: AACSB Analytic 9. Federal law will bar state action only when there is a federal law regulating the particular subject. ANS: F MSC: AACSB Analytic 10. When there is a direct conflict between a federal and a state law, federal law prevails under the su- premacy clause. ANS: T MSC: AACSB Analytic 11. Silence of the Congress in a particular area of law can indicate that Congress wishes the states to pass law in that area.
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ANS: T MSC: AACSB Analytic 12. The Constitution may be amended, but it always has been interpreted in the same way. ANS: F MSC: AACSB Analytic 13. Changes to the Constitution have been brought about by interpretation, amendment, and practice. ANS: T MSC: AACSB Analytic 14. Under the "bedrock view," the purpose of a constitution is to state certain fundamental principles for all time. ANS: T MSC: AACSB Analytic 15. For the past century, the courts generally have followed the "living document" view in interpreting the Constitution. ANS: T MSC: AACSB Analytic 16. The greatest change to the Constitution has been made by the Supreme Court through interpretation. ANS: T MSC: AACSB Analytic 17. The Constitution never has been amended by "actual practice." ANS: F MSC: AACSB Analytic 18. The living Constitution has more government regulation than was provided for by the written one. ANS: F MSC: AACSB Analytic 19. The living Constitution has as a characteristic a strong government. ANS: T MSC: AACSB Analytic 20. When we speak of government regulation of business we ordinarily mean state government regulation, not federal government intervention. ANS: F MSC: AACSB Analytic 21. Administrative agencies are, in effect, a fourth branch of the government. ANS: T
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This note was uploaded on 02/22/2012 for the course BUS BUS212 taught by Professor Manney during the Spring '12 term at FSU.

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TJ_Comp 20_TB_Ch04 - Chapter 4THE CONSTITUTION AS THE...

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