ch 4 questions Flashcards
What is preemption in the Supremacy Clause?
State law that does not conflict with federal law preempts federal law.
Federal law cannot preempt certain areas of state law as delineated in the Supremacy Clause.
Federal law is supreme over state law.
Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution.
Assessment question
fed law is supreme over state law
In what situations does federal law preempt state law? Choose 2 answer choices.
Federal law preempts state law in all cases
When the state law explicitly states it preempts other laws
When Congress passes a law and creates an agency to enforce that law
When Congress passes very detailed laws
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
intermediate scrutiny
strict scrutiny
factual basis review
rational basis review
intermediate scrutiny
strict scrutiny
rational basis review
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
legitimate interest review
rational basis review
intermediate scrutiny
strict scrutiny
rational basis review
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
secondary level scrutiny
strict scrutiny
intermediate scrutiny
rational basis
intermediate scrutiny
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
republicanism
democracy
federalism
bureaucracy
federalism
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
the Bill of Rights
the Equal Protection Clause
the Commerce Clause
the supremecy clause
he U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
require the legislature to amend the law.
invalidate the law.
modify the law.
interpret the law.
invalidate the law.
what is true of corporate political speech? Choose 2 answers.
Corporate political speech is strongly restricted in a presidential election year.
Political donations are protected by the First Amendment as types of corporate political speech.
Corporate political speech is protected by the First Amendment.
Corporate political speech is more restricted than corporate commercial speech.
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must directly advance a government interest.
It must not be financially detrimental to a company.
It must not be overly restrictive to meet its objectives.
It must seek to implement a substantial government interest.
It must not be overly restrictive to meet its objectives.
It must directly advance a government interest.
It must seek to implement a substantial government interest.
What type of speech does not receive First Amendment protections? Choose 3 answers.
obscenity
speech that incites lawlessness
threats to the president of the United States
unpatriotic speech
obscenity
speech that incites lawlessness
threats to the president of the United States
