**2. When federal law contains a provision preempting state laws on the same subject, it's known as** - The Supremacy Clause. - Conflict preemption. - Express preemption. - Field preemption. **3. In situations where federal law leaves no room for state laws, the Court often finds federal law controls due to** - Conflict preemption. - The Supremacy Clause. - Express preemption. - Field preemption. **4. To decide field preemption, the Court considers** - Committee reports reflecting Congress's intent. - Nature of state law's inconsistency with federal law. - Nature of federal law, including scope and federal interest. - All of these. **5. The Court allows state discriminatory practices under dormant commerce clause if** - The state has a strong local need. - State is a "market participant" rather than just a lawmaker. - Discrimination based on financial factors, not race or gender. - All of these. **6. Conflict preemption means a state law is unconstitutional because a federal law expressly supersedes it.** - True - False **7. The determination of state laws' constitutionality ultimately lies with the state supreme court.** - True - False **8. Absence of an express preemption clause in federal law doesn't mean a similar state law is constitutional.** - True - False **9. The Commerce Clause affects state law constitutionality if it impacts interstate commerce, even without federal law.** - True - False **10. A state tax related to a resident's activities within the state is usually constitutional.** - True - False **11. Protection of civil rights and liberties in the U.S. comes from** - States constitutions. - The U.S. Constitution. - All of these. - Federal and state legislation. **12. A law imposing criminal punishment retroactively or increasing punishment is known as** - A bill of rights. - A bill of particulars. - A bill of attainder. - An ex post facto law. **13. The Reconstruction Amendments include** - Protections against racial discrimination. - The Bill of Rights. - The Thirteenth, Fourteenth, and Fifteenth Amendments. - Added to the Constitution soon after the Revolutionary War. **14. Congress enacts civil rights laws through** - Power to regulate interstate commerce. - Voting amendments. - Reconstruction Amendments. - All of these. **15. The Supreme Court upheld civil rights legislation under interstate commerce power, including laws that** - Prohibit gun possession near schools. - Criminalize violence against women. - Prohibit discrimination in restaurants and hotels. - All of these. **16. Laws increasing punishment after a crime's commission are examples of ex post facto laws.** - True - False **17. Early on, the Supreme Court ruled that the limitations in the Bill of Rights applied only to the federal government.** - True - False **18. The Fourteenth Amendment aimed to prevent states from discriminating against African Americans.** - True - False **19. Congressional power to regulate private discriminatory conduct is well established.** - True - False **20. The interstate Commerce Clause doesn't give Congress unlimited power to enact civil rights legislation.** - True - False **21. The Equal Protection Clause prohibits** - Invidious discrimination. - All discrimination. - All due process violations. - All classification. **22. The doctrine of separate but equal originally meant that** - Segregation violated the Fourteenth Amendment. - Segregation was constitutional. - Segregation violated the Twenty-First Amendment. - Segregation was unconstitutional. **23. The federal government is prohibited from invidious discrimination due to** - The Ninth Amendment. - The Fourteenth Amendment. - The Fifteenth Amendment. - The Fifth Amendment. **24. "Discrete and insular minority" refers to** - Supreme Court Justices writing dissenting opinions. - Suspect classes. - Ethnic minorities. - None of these. **25. When reviewing a state law under the rational basis test, the Court doesn't ask** - Is the law reasonably related to a legitimate state purpose? - Is there a legitimate state purpose for the law? - Does the law discriminate against a racial group? - None of the above; they are all considered by the Court.
**2. When federal law contains a provision preempting state laws on the same subject, it's known as**
- The Supremacy Clause.
- Conflict preemption.
- Express preemption.
- Field preemption.
**3. In situations where federal law leaves no room for state laws, the Court often finds federal law controls due to**
- Conflict preemption.
- The Supremacy Clause.
- Express preemption.
- Field preemption.
**4. To decide field preemption, the Court considers**
- Committee reports reflecting Congress's intent.
- Nature of state law's inconsistency with federal law.
- Nature of federal law, including scope and federal interest.
- All of these.
**5. The Court allows state discriminatory practices under dormant commerce clause if**
- The state has a strong local need.
- State is a "market participant" rather than just a lawmaker.
- Discrimination based on financial factors, not race or gender.
- All of these.
**6. Conflict preemption means a state law is unconstitutional because a federal law expressly supersedes it.**
- True
- False
**7. The determination of state laws' constitutionality ultimately lies with the state supreme court.**
- True
- False
**8. Absence of an express preemption clause in federal law doesn't mean a similar state law is constitutional.**
- True
- False
**9. The Commerce Clause affects state law constitutionality if it impacts interstate commerce, even without federal law.**
- True
- False
**10. A state tax related to a resident's activities within the state is usually constitutional.**
- True
- False
**11. Protection of civil rights and liberties in the U.S. comes from**
- States constitutions.
- The U.S. Constitution.
- All of these.
- Federal and state legislation.
**12. A law imposing criminal punishment retroactively or increasing punishment is known as**
- A bill of rights.
- A bill of particulars.
- A bill of attainder.
- An ex post facto law.
**13. The Reconstruction Amendments include**
- Protections against racial discrimination.
- The Bill of Rights.
- The Thirteenth, Fourteenth, and Fifteenth Amendments.
- Added to the Constitution soon after the Revolutionary War.
**14. Congress enacts civil rights laws through**
- Power to regulate interstate commerce.
- Voting amendments.
- Reconstruction Amendments.
- All of these.
**15. The Supreme Court upheld civil rights legislation under interstate commerce power, including laws that**
- Prohibit gun possession near schools.
- Criminalize violence against women.
- Prohibit discrimination in restaurants and hotels.
- All of these.
**16. Laws increasing punishment after a crime's commission are examples of ex post facto laws.**
- True
- False
**17. Early on, the Supreme Court ruled that the limitations in the Bill of Rights applied only to the federal government.**
- True
- False
**18. The Fourteenth Amendment aimed to prevent states from discriminating against African Americans.**
- True
- False
**19. Congressional power to regulate private discriminatory conduct is well established.**
- True
- False
**20. The interstate Commerce Clause doesn't give Congress unlimited power to enact civil rights legislation.**
- True
- False
**21. The Equal Protection Clause prohibits**
- Invidious discrimination.
- All discrimination.
- All due process violations.
- All classification.
**22. The doctrine of separate but equal originally meant that**
- Segregation violated the Fourteenth Amendment.
- Segregation was constitutional.
- Segregation violated the Twenty-First Amendment.
- Segregation was unconstitutional.
**23. The federal government is prohibited from invidious discrimination due to**
- The Ninth Amendment.
- The Fourteenth Amendment.
- The Fifteenth Amendment.
- The Fifth Amendment.
**24. "Discrete and insular minority" refers to**
- Supreme Court Justices writing dissenting opinions.
- Suspect classes.
- Ethnic minorities.
- None of these.
**25. When reviewing a state law under the rational basis test, the Court doesn't ask**
- Is the law reasonably related to a legitimate state purpose?
- Is there a legitimate state purpose for the law?
- Does the law discriminate against a racial group?
- None of the above; they are all considered by the Court.
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