1.
Part 1/3In February 2016, a a state assemblyman, Ted, proposes a law - - the Restore Religion and Morality Act (RRMA). The RRMA would require his state's public schools to set aside 10 minutes every morning for students to pray or sit silently. As proposed legislation, the RRMA would best be described as
Correct Answer
C. A bill.
Explanation
A statute refers to enacted legislation. This is a proposed law so it is a bill. A true bill refers to an indictment by a grand jury
2.
Part 2/3Ted's friend, Barney, reviews the RRMA and notes that by requiring time for prayer in school, the RRMA might violate ___________
Correct Answer
A. The Establishment Clause of the First Amendment.
Explanation
The Establishment Clause of the 1st Amendment prohibits Congress from enacting laws concerning the establishment of a religion. There is no Establishment Clause of the 5th Amendment. The 5th Amendment includes a double jeopardy clause prohibiting a jurisdiction from trying person twice for the same crime after he was convicted or acquitted.
3.
Part 3/3Ted laughs at Barney. He says, "Barney, the First Amendment is part of the United States Constitution. We're a state and don't have to worry about the Constitution." Barney frowns. "Ted, I think you're overlooking that the Constitution _____________ and the Supreme Court ruled that the First Amendment's Establishment Clause __________.
Correct Answer
C. Is the Supreme Law of the Land/applies to the States.
Explanation
The Constitution is the highest law in the United States. A court can nullify a law that violates the Constitution. Because the Supreme Court held that First Amendment protections apply to the States, a State cannot violate the Establishment Clause.
4.
Acme Firearms manufactures machine guns in State A. The machine guns are strictly for sale to retailers in State A. Can federal gun laws apply to Acme Firearms?
Correct Answer
D. Probably, because the sale of Acme Firearms could substantially affect interstate commerce.
Explanation
Congress can pass laws to regulate interstate commerce pursuant to the Commerce Clause of the Constitution. The Supreme Court has held that the government can regulate activities that have a substantial effect on interstate commerce, even if they ostensibly occur within a state. Although Acme might intend its machine guns to be sold in State A only, it is likely that the machine guns could be transported across state lines.
5.
Millions of people vote in the 2016 presidential election in the United States. Candidate George Smiley wins 330 - 206. If millions of people voted, how is that possible?
Correct Answer
B. The count refers to the Electoral College.
Explanation
Voters in the USA do not directly select the President or Vice President. Each state and the District of Columbia are assigned a certain number of votes based on population. These votes are cast by electors. For example, New York has 29 electors and New Jersey has 14. Th electors cast their votes for the candidate who won the most votes in their state.
By way of example, in 2012 candidate Obama received around 60% of the popular vote in New York. His opponent, Romney, got only 40%. All 29 of the electoral votes from New York went to Obama. You will often hear candidates talking about "winning a state." They mean that by winning a majority of votes from that state, the candidate can receive all of the electoral college votes assigned to that state.
6.
John receives an email stating that Congress intends to cut off funding for a highway repair project. The email warns John that if the Supreme Court approves Congress's decision following the Court's budgetary review, then the highway will never be repaired. John becomes extremely upset and shows the email to Sally. Sally frowns and says the email can't be right.Why is Sally so sure the email is fake?
Correct Answer
B. Because the Supreme Court does not review the United States budget.
Explanation
The US government operates through a system of checks and balances. Each branch of government has certain powers. One of Congress's powers is to control spending by the federal government. The Supreme Court and other federal courts have the power to review the constitutionality of laws and actions by the government, however, the Supreme Court does not have the power to review and approve the budget. If, for some reason, Congress and the President exceed their Constitutional powers, then the law or action can be challenged in court.
7.
President Smiley wins the 2016 election. Congress passes a law raising taxes on the wealthiest Americans to fund education and bridge repairs. President Smiley vetoes the tax bill. What can members of Congress who support the bill do?
Correct Answer
D. Try to override the veto through a 2/3 majority vote of each Chamber of Congress.
Explanation
The US Constitution's system of checks and balances gives the President the power to veto a bill. However, by a 2/3 majority vote of both the Senate and the House of Representatives, Congresss can override the veto.
8.
A state passes a law that allows a person to vote provided he can demonstrate that he has a driver's license. The result of this law is that many people in the state cannot vote because they do not drive. This law could be challenged as unconstitutional pursuant to the _______________.
Correct Answer
B. Equal Protection Clause of the Fourteenth Amendment.
Explanation
Congress passed the Fourteenth Amendment to prevent states from depriving people of certain rights. Courts interpret the Equal Protection Clause of the Fourteenth Amendment as, among other things, prohibiting states from unfairly denying people their right to vote.
9.
A state passes a law that requires any person issued a speeding ticket to immediately turn over his car to the state until the state determines that he is a safe driver. This law could be challenged as unconstitutional pursuant to the ___________________.
Correct Answer
A. Due Process Clause of the Fourteenth Amendment.
Explanation
Congress passed the Fourteenth Amendment to prevent states from violating people's rights. Courts interpret the Fourteenth Amendment's Due Process Clause as prohibiting states from taking away a person's life, freedom, or property without a fair procedure first. Taking away a person's car automatically after issuing any speeding ticket, without some type of judicial determination first, could be challenged as a violation of the Due Process Clause.
10.
Douglas is put on trial for robbery. The judge tells the jurors that they should vote to convict Douglas if they believe that Douglas has failed to prove to at least a reasonable certainty that he did not commit the crime. The judge's instruction is wrong because
Correct Answer
C. He confused the burden of proof.
Explanation
In the United States, a prosecutor must prove that the defendant is guilty of a crime beyond a reasonable doubt. Proving that the defendant was guilty beyond a reasonable doubt is the prosecutor's burden of proof. The defendant does not have to prove anything, By telling the jury that Douglas had to prove that he was innocent, the judge confused the burden of proof.