Question 1

Tax laws passed by Congress may not be "discriminatory" in impact according to the Supreme Court.

Accepted Answer

A) True 
 B)False

Question 2

Government restriction on gun ownership and possession:

Accepted Answer

A)  is not a well settled area of the law 
B)  is a well settled area of the law 
C)  is unconstitutional 
D)  is constitutional 
E)  none of the other choices are correct 
A)  is not a well settled area of the law 
B)  is a well settled area of the law 
C)  is unconstitutional 
D)  is constitutional 
E)  none of the other choices are correct

Question 3

A law must relate rationally to a legitimate government interest to:

Accepted Answer

A)  satisfy legal process requirements 
B)  satisfy fair process requirements 
C)  satisfy exceptional process requirements 
D)  satisfy state process requirements 
E)  none of the other choices are correct 
A)  satisfy legal process requirements 
B)  satisfy fair process requirements 
C)  satisfy exceptional process requirements 
D)  satisfy state process requirements 
E)  none of the other choices are correct

Question 4

Which of the following statements is correct?

Accepted Answer

A)  changed in the interpretation of the Constitution require amendments to it 
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)  changed in the interpretation of the Constitution require amendments to it 
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 5

The Fourteenth Amendment:

Accepted Answer

A)  incorporates protections from the Bill of Rights and applies them to state governments 
B)  incorporates protections from the Bill of Rights and applies them to Congress 
C)  incorporates protections from the Bill of Rights and applies them to corporations 
D)  incorporates laws from the Declaration of Independence and applies them to state governments 
E)  none of the other choices are correct 
A)  incorporates protections from the Bill of Rights and applies them to state governments 
B)  incorporates protections from the Bill of Rights and applies them to Congress 
C)  incorporates protections from the Bill of Rights and applies them to corporations 
D)  incorporates laws from the Declaration of Independence and applies them to state governments 
E)  none of the other choices are correct

Question 6

A tax tied to a requirement to keep detailed records of gun sales:

Accepted Answer

A)  rewards businesses that make guns 
B)  protects businesses that make guns 
C)  keeps gun sales under close federal supervision 
D)  prevents gun sales from being under federal supervision 
E)  none of the other choices are correct 
A)  rewards businesses that make guns 
B)  protects businesses that make guns 
C)  keeps gun sales under close federal supervision 
D)  prevents gun sales from being under federal supervision 
E)  none of the other choices are correct

Question 7

It was a violation of the equal protection clause of the Constitution for the state of Virginia to offer certain higher education benefits to men but not to women.

Accepted Answer

A) True 
 B)False

Question 8

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

Accepted Answer

A)  broad Congressional regulation of business 
B)  broad state government control of interstate commerce 
C)  presidential control of foreign trade 
D)  Senate control of trade negotiations 
E)  none of the other choices 
A)  broad Congressional regulation of business 
B)  broad state government control of interstate commerce 
C)  presidential control of foreign trade 
D)  Senate control of trade negotiations 
E)  none of the other choices

Question 9

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held:

Accepted Answer

A)  Oklahoma has a paramount interest in preserving its natural resources, so the law stands 
B)  Oklahoma has no interest in preserving minnows, so the law fails 
C)  Oklahoma violated the constitution by impermissibly burdening interstate commerce 
D)  regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law 
E)  none of the other choices 
A)  Oklahoma has a paramount interest in preserving its natural resources, so the law stands 
B)  Oklahoma has no interest in preserving minnows, so the law fails 
C)  Oklahoma violated the constitution by impermissibly burdening interstate commerce 
D)  regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law 
E)  none of the other choices

Question 10

The Supreme Court has reversed itself on major constitutional issues over the years because:

Accepted Answer

A)  the way the Supreme Court interprets the Constitution changes over time 
B)  there have been too many 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 original Constitution is no longer applicable 
E)  none of the other choices 
A)  the way the Supreme Court interprets the Constitution changes over time 
B)  there have been too many 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 original Constitution is no longer applicable 
E)  none of the other choices

Question 11

If a business is interstate, the states may not tax the portion of a business generated within one state, unless so allowed by Congress.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is a key issue in Fourth Amendment cases:

Accepted Answer

A)  whether a person has a constitutionally protected reasonable expectation of privacy 
B)  whether the defendant had an illegal firearm 
C)  whether the principles of frees speech were violated 
D)  whether self-defense was warranted under the circumstances 
E)  none of the other choices are correct 
A)  whether a person has a constitutionally protected reasonable expectation of privacy 
B)  whether the defendant had an illegal firearm 
C)  whether the principles of frees speech were violated 
D)  whether self-defense was warranted under the circumstances 
E)  none of the other choices are correct

Question 13

Taxes are a powerful tool for:

Accepted Answer

A)  regulation 
B)  litigation 
C)  judiciary processes 
D)  tort suits 
E)  attorneys 
A)  regulation 
B)  litigation 
C)  judiciary processes 
D)  tort suits 
E)  attorneys

Question 14

Dr. Ayau is a new doctor who has just set up a practice in San Diego. She places ads in the papers to tell people that she will see patients and she will be in her office on Sundays. The California Medical Assn. (CMA) moves to strip Dr. Ayau of her license to practice medicine because such ads are unethical. The Supreme Court is likely to say that the CMA:

Accepted Answer

A)  has the right, under state law, to regulate the practice of medicine and to set ethical standards for all physicians 
B)  has the right, under the necessary and proper clause, to regulate advertising medicine 
C)  has the right, under the commerce clause, to so regulate the advertising of medicine 
D)  cannot regulate medicine because it conflicts with the right of Congress to do so 
E)  none of the other choices 
A)  has the right, under state law, to regulate the practice of medicine and to set ethical standards for all physicians 
B)  has the right, under the necessary and proper clause, to regulate advertising medicine 
C)  has the right, under the commerce clause, to so regulate the advertising of medicine 
D)  cannot regulate medicine because it conflicts with the right of Congress to do so 
E)  none of the other choices

Question 15

Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law?

Accepted Answer

A)  never; one does not have to report business information that will be incriminating 
B)  one must produce documents the government requires unless they will incriminate an employee of the business 
C)  when ordered by a court; corporate records are not due such self-incrimination protection 
D)  only if the person involved does not work for the business 
E)  only if the person is a top executive of the business 
A)  never; one does not have to report business information that will be incriminating 
B)  one must produce documents the government requires unless they will incriminate an employee of the business 
C)  when ordered by a court; corporate records are not due such self-incrimination protection 
D)  only if the person involved does not work for the business 
E)  only if the person is a top executive of the business

Question 16

Congress passes a law banning racial discrimination at restaurants. One located in a small town does not want to serve African-Americans. The discrimination law will not apply because the business is not in interstate commerce.

Accepted Answer

A) True 
 B)False

Question 17

The necessary and proper clause allows Congress to:

Accepted Answer

A)  legislate on any matter 
B)  pass only laws necessary and proper to effectively implement the Commerce Clause 
C)  make all laws necessary and proper to carry out its constitutional powers 
D)  regulate all local, in-state activities 
E)  all of the other choices 
A)  legislate on any matter 
B)  pass only laws necessary and proper to effectively implement the Commerce Clause 
C)  make all laws necessary and proper to carry out its constitutional powers 
D)  regulate all local, in-state activities 
E)  all of the other choices

Question 18

The first ten amendments to the Constitution are the Bill of Rights.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following state statutes were not held to be unconstitutional:

Accepted Answer

A)  an Oklahoma law requiring coal-burning plants to burn at least 10 percent Oklahoma coal 
B)  a Washington law regulating oil tanker design and operations 
C)  an Alabama law charging a special fee for hazardous waste imported into the state 
D)  an Arizona law restricting the length of trains in the state 
E)  all of the other choices were unconstitutional 
A)  an Oklahoma law requiring coal-burning plants to burn at least 10 percent Oklahoma coal 
B)  a Washington law regulating oil tanker design and operations 
C)  an Alabama law charging a special fee for hazardous waste imported into the state 
D)  an Arizona law restricting the length of trains in the state 
E)  all of the other choices were unconstitutional

Question 20

In Southern Pacific Co. v. Arizona, concerned whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was valid:

Accepted Answer

A)  because it concerned a legitimate state interest to improve transportation safety 
B)  because Congress had not passed legislation dealing with the length of trains 
C)  because it did not conflict with federal standards 
D)  because it only applied to intrastate trains 
E)  none of the other choices 
A)  because it concerned a legitimate state interest to improve transportation safety 
B)  because Congress had not passed legislation dealing with the length of trains 
C)  because it did not conflict with federal standards 
D)  because it only applied to intrastate trains 
E)  none of the other choices

Exam 4: The Constitution: Focus on Application to Business

Tax laws passed by Congress may not be "discriminatory" in impact according to the Supreme Court.

Government restriction on gun ownership and possession:

A law must relate rationally to a legitimate government interest to:

Which of the following statements is correct?

The Fourteenth Amendment:

A tax tied to a requirement to keep detailed records of gun sales:

It was a violation of the equal protection clause of the Constitution for the state of Virginia to offer certain higher education benefits to men but not to women.

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held:

The Supreme Court has reversed itself on major constitutional issues over the years because:

If a business is interstate, the states may not tax the portion of a business generated within one state, unless so allowed by Congress.

Which of the following is a key issue in Fourth Amendment cases:

Taxes are a powerful tool for:

Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law?

Congress passes a law banning racial discrimination at restaurants. One located in a small town does not want to serve African-Americans. The discrimination law will not apply because the business is not in interstate commerce.

The necessary and proper clause allows Congress to:

The first ten amendments to the Constitution are the Bill of Rights.

Which of the following state statutes were not held to be unconstitutional:

In Southern Pacific Co. v. Arizona, concerned whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was valid:

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