Chapter 4

Chapter 4
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Chapter 4—Constitutional Law TRUE/FALSE 1. The Bill of Rights was included in the original U.S. Constitution. ANS: F PTS: 1 2. States may enact legislation even where the federal government has created laws. ANS: T PTS: 1 3. A law is not valid unless it complies with the U.S. Constitution. ANS: T PTS: 1 4. The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution. ANS: T PTS: 1 5. Generally, the legislative branch of government has the power to enforce the law. ANS: F PTS: 1 6. The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves. ANS: T PTS: 1 7. Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly. ANS: T PTS: 1 8. The federal government's authority to govern economic matters flows from the Commerce Clause. ANS: T PTS: 1 9. The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business. ANS: F PTS: 1 10. The Commerce Clause limits the power of states to tax. ANS: T PTS: 1 11. The First Amendment allows free speech in any and all circumstances. ANS: F PTS: 1 12. Restrictions may be placed on an individual's right to free speech.
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PTS: 1 13. The First Amendment guarantee of free speech applies not only to individuals but also to corporations. ANS: T PTS: 1 14. A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause. ANS: T PTS: 1 15. The Fourteenth Amendment restricts the power of states to tax. ANS: T PTS: 1 16. Judicial review is another phrase for an appeal of a lower court’s judgment. ANS: F PTS: 1 17. First Bank would like to place some ads in the local newspaper in support of proposed legislation that it believes would increase its revenues, but there is a local ordinance that prohibits such ads. First Bank consults its attorney because it would like to challenge the ordinance as unconstitutional. In all likelihood, the ordinance is a violation of First Bank's rights of free speech under the First Amendment. ANS: T PTS: 1 18. The federal government's power to tax has no limitations. ANS: F PTS: 1 19. The Contract Clause of the Constitution allows states to retroactively modify public charters and private contracts. ANS: F PTS: 1 20. The Bill of Rights applies directly to the states. ANS: F PTS: 1 21. A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit. ANS: T PTS: 1 22. The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states. ANS: F
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