Question 1

Amendments to the Constitution become effective when approved by two-thirds of the House and the Senate and signed by the President.

Accepted Answer

A) True 
 B)False

Question 2

You purchase 150 acres of property in the Oregon mountains that is zoned for residential construction. Before you build a home, the Oregon legislature passes the Preservation Act, which prohibits construction. Your land is nearly worthless now and you sue. Your basis for a suit against Oregon is:

Accepted Answer

A)  illegal interference with contract 
B)  violation of the 14th Amendment Equal Protection Clause 
C)  unconstitutional infringement of your Second Amendment rights 
D)  a invalid infringement of your right to criticize the government 
E)  none of the other choices 
A)  illegal interference with contract 
B)  violation of the 14th Amendment Equal Protection Clause 
C)  unconstitutional infringement of your Second Amendment rights 
D)  a invalid infringement of your right to criticize the government 
E)  none of the other choices

Question 3

Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print:

Accepted Answer

A)  truthful stories that harm a person's reputation 
B)  truthful stories that harm a business' reputation 
C)  stories of questionable truthfulness that cause no harm 
D)  print any stories degrading elected federal officials 
E)  none of the other choices are correct 
A)  truthful stories that harm a person's reputation 
B)  truthful stories that harm a business' reputation 
C)  stories of questionable truthfulness that cause no harm 
D)  print any stories degrading elected federal officials 
E)  none of the other choices are correct

Question 4

Which of the following is NOT an Article of the Constitution:

Accepted Answer

A)  composition and powers of Congress 
B)  selection and powers of the president 
C)  creation and powers of the federal judiciary 
D)  role of the taxpayers in balancing the budget 
E)  all of the other specific choices are Articles of the Constitution 
A)  composition and powers of Congress 
B)  selection and powers of the president 
C)  creation and powers of the federal judiciary 
D)  role of the taxpayers in balancing the budget 
E)  all of the other specific choices are Articles of the Constitution

Question 5

The Fourth Amendment protects individuals against self-incrimination at trial.

Accepted Answer

A) True 
 B)False

Question 6

States can tax the portion of a business's income that is:

Accepted Answer

A)  attributable to their state 
B)  attributable to the federal government 
C)  attributable to the business's out of state operations 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct 
A)  attributable to their state 
B)  attributable to the federal government 
C)  attributable to the business's out of state operations 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct

Question 7

The First Amendment limits:

Accepted Answer

A)  police from searching a private home without a warrant and due process 
B)  Congress from making certain laws restricting freedom of speech 
C)  race and sex discrimination 
D)  unequal taxes on in-state and out-of-state businesses 
E)  Congress from restricting the right to bear arms 
A)  police from searching a private home without a warrant and due process 
B)  Congress from making certain laws restricting freedom of speech 
C)  race and sex discrimination 
D)  unequal taxes on in-state and out-of-state businesses 
E)  Congress from restricting the right to bear arms

Question 8

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found:

Accepted Answer

A)  unconstitutional; states may not pass regulatory standards different than those of Congress 
B)  unconstitutional; states may not pass stronger regulatory standards than those of Congress 
C)  unconstitutional; the standard will reduce the ability of California to compete in interstate commerce 
D)  constitutional; the necessary and proper clause lets states pass regulations needed for local conditions 
E)  none of the other choices 
A)  unconstitutional; states may not pass regulatory standards different than those of Congress 
B)  unconstitutional; states may not pass stronger regulatory standards than those of Congress 
C)  unconstitutional; the standard will reduce the ability of California to compete in interstate commerce 
D)  constitutional; the necessary and proper clause lets states pass regulations needed for local conditions 
E)  none of the other choices

Question 9

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court held the commission was:

Accepted Answer

A)  correct; the customers were a captive audience that could not avoid the information 
B)  correct; the utility is regulated by the state, so any expenditure of funds can be controlled 
C)  correct; nuclear power is a political issue, discussions may be limited by firms affected by public policies 
D)  incorrect; government agencies may not impose restrictions on the speech of private parties 
E)  none of the other choices 
A)  correct; the customers were a captive audience that could not avoid the information 
B)  correct; the utility is regulated by the state, so any expenditure of funds can be controlled 
C)  correct; nuclear power is a political issue, discussions may be limited by firms affected by public policies 
D)  incorrect; government agencies may not impose restrictions on the speech of private parties 
E)  none of the other choices

Question 10

The Fourteenth Amendment has been a powerful device for extending federal constitutional guarantees to the states and preventing states from passing laws diminishing federal constitutional protection.

Accepted Answer

A) True 
 B)False

Question 11

Sometimes the Supreme Court uses the necessary and proper clause to:

Accepted Answer

A)  respond to new technological developments without requiring amendments to the Constitution 
B)  make judgments on cases of outdated technology 
C)  establish the need for new amendments to the Constitution in response to new technologies 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct 
A)  respond to new technological developments without requiring amendments to the Constitution 
B)  make judgments on cases of outdated technology 
C)  establish the need for new amendments to the Constitution in response to new technologies 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct

Question 12

In Skinner v. Railway Labor Executives Assn., tests of railroad employees were performed for drug or alcohol use. These tests were challenged as an unconstitutional warrantless search of persons. The Supreme Court held that the tests:

Accepted Answer

A)  were too invasive, and so, an unconstitutional violation of the Fourth Amendment regarding improper searches 
B)  were unnecessary to insure public safety, and so were unconstitutional 
C)  were an unacceptable impediment to free interstate trade 
D)  violated the railroad employees' freedom of expression, and so were unconstitutional 
E)  were not unconstitutional because railroads are regulated and the public has a strong interest in safety 
A)  were too invasive, and so, an unconstitutional violation of the Fourth Amendment regarding improper searches 
B)  were unnecessary to insure public safety, and so were unconstitutional 
C)  were an unacceptable impediment to free interstate trade 
D)  violated the railroad employees' freedom of expression, and so were unconstitutional 
E)  were not unconstitutional because railroads are regulated and the public has a strong interest in safety

Question 13

The state of Missouri enacted a stature that eliminated the right to bring suit for private nuisance against anyone raising animals for production. Some property owners sued a commercial hog farm, contending that it caused bad odors, pathogens, and other hazardous substances to come from the 4,000 hog operation. Their suit was rejected because of the state law that protected such operations. They appealed that the law was unconstitutional. The Missouri high court held that:

Accepted Answer

A)  ​the statute was unconstitutional as it violated due process rights under the 14th Amendment. 
B)  ​the statute was unconstitutional as it violated equal protection rights under the 14th Amendment. 
C)  ​the statute was unconstitutional as it effected a taking of property rights without compensation. 
D)  ​the statute was unconstitutional as it violated freedom of association rights under the First Amendment. 
E)  ​none of the other choices are correct. 
A)  ​the statute was unconstitutional as it violated due process rights under the 14th Amendment. 
B)  ​the statute was unconstitutional as it violated equal protection rights under the 14th Amendment. 
C)  ​the statute was unconstitutional as it effected a taking of property rights without compensation. 
D)  ​the statute was unconstitutional as it violated freedom of association rights under the First Amendment. 
E)  ​none of the other choices are correct.

Question 14

The Sixth Amendment addresses the right of persons to trial by jury in civil cases.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following statements is correct?

Accepted Answer

A)  the way the Supreme Court interprets the Constitution changes over time 
B)  there have been no amendments to the Constitution since the 1930s 
C)  all Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights 
D)  the interpretation by the Supreme Court of the Constitution has not changed in 200 years 
E)  none of the other choices 
A)  the way the Supreme Court interprets the Constitution changes over time 
B)  there have been no amendments to the Constitution since the 1930s 
C)  all Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights 
D)  the interpretation by the Supreme Court of the Constitution has not changed in 200 years 
E)  none of the other choices

Question 16

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Supreme Court held that the:

Accepted Answer

A)  business was not in violation of the Fourteenth Amendment because it was purely local 
B)  amount of commerce involved was so trivial that Congress had no power to regulate it 
C)  business could be regulated by the federal government under the Tenth Amendment 
D)  Necessary and Proper Clause does not extend to businesses that are entirely local 
E)  none of the other choices 
A)  business was not in violation of the Fourteenth Amendment because it was purely local 
B)  amount of commerce involved was so trivial that Congress had no power to regulate it 
C)  business could be regulated by the federal government under the Tenth Amendment 
D)  Necessary and Proper Clause does not extend to businesses that are entirely local 
E)  none of the other choices

Question 17

Florida passes a tax that applies only to foreign ships that unload cargo at the ports of Miami and Tampa. This tax is:

Accepted Answer

A)  unconstitutional; it interferes with foreign trade 
B)  unconstitutional; states must charge fees for the use of public facilities 
C)  constitutional; it is related to benefits received 
D)  constitutional; it only applies to foreign merchants, so it does not discriminate against interstate commerce 
E)  constitutional so long as the federal government imposes a similar tax 
A)  unconstitutional; it interferes with foreign trade 
B)  unconstitutional; states must charge fees for the use of public facilities 
C)  constitutional; it is related to benefits received 
D)  constitutional; it only applies to foreign merchants, so it does not discriminate against interstate commerce 
E)  constitutional so long as the federal government imposes a similar tax

Question 18

A state statute prohibited corporations from making any contributions designed to influence voting on questions on the state ballot. Based on what you have read, you can presume the Supreme Court held that this statute:

Accepted Answer

A)  was constitutional under the 1st Amendment 
B)  was an unconstitutional infringement of the 1st Amendment 
C)  was an unconstitutional infringement of the 4th Amendment 
D)  was constitutional under the 14th Amendment 
E)  was constitutional under the Due Process Clause 
A)  was constitutional under the 1st Amendment 
B)  was an unconstitutional infringement of the 1st Amendment 
C)  was an unconstitutional infringement of the 4th Amendment 
D)  was constitutional under the 14th Amendment 
E)  was constitutional under the Due Process Clause

Question 19

Which of the following types of speech are not protected by the First Amendment?

Accepted Answer

A)  a pamphlet prepared by a gas company in support of the use of natural gas 
B)  political speech by a person at a public facility such as a train station 
C)  an advertisement listing the prices charged by a local doctor for her services 
D)  none of the other choices are protected 
E)  all of the other choices are protected 
A)  a pamphlet prepared by a gas company in support of the use of natural gas 
B)  political speech by a person at a public facility such as a train station 
C)  an advertisement listing the prices charged by a local doctor for her services 
D)  none of the other choices are protected 
E)  all of the other choices are protected

Question 20

Equal protection:

Accepted Answer

A)  does not extend to all citizens 
B)  does not extend to all government activities 
C)  extends to all government activities 
D)  is set by international standards 
E)  none of the other choices are correct 
A)  does not extend to all citizens 
B)  does not extend to all government activities 
C)  extends to all government activities 
D)  is set by international standards 
E)  none of the other choices are correct

Exam 4: The Constitution: Focus on Application to Business

Amendments to the Constitution become effective when approved by two-thirds of the House and the Senate and signed by the President.

You purchase 150 acres of property in the Oregon mountains that is zoned for residential construction. Before you build a home, the Oregon legislature passes the Preservation Act, which prohibits construction. Your land is nearly worthless now and you sue. Your basis for a suit against Oregon is:

Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print:

Which of the following is NOT an Article of the Constitution:

The Fourth Amendment protects individuals against self-incrimination at trial.

States can tax the portion of a business's income that is:

The First Amendment limits:

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found:

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court held the commission was:

The Fourteenth Amendment has been a powerful device for extending federal constitutional guarantees to the states and preventing states from passing laws diminishing federal constitutional protection.

Sometimes the Supreme Court uses the necessary and proper clause to:

In Skinner v. Railway Labor Executives Assn., tests of railroad employees were performed for drug or alcohol use. These tests were challenged as an unconstitutional warrantless search of persons. The Supreme Court held that the tests:

The Sixth Amendment addresses the right of persons to trial by jury in civil cases.

Which of the following statements is correct?

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Supreme Court held that the:

Florida passes a tax that applies only to foreign ships that unload cargo at the ports of Miami and Tampa. This tax is:

A state statute prohibited corporations from making any contributions designed to influence voting on questions on the state ballot. Based on what you have read, you can presume the Supreme Court held that this statute:

Which of the following types of speech are not protected by the First Amendment?

Equal protection:

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