Deck 5: Constitutional Law for Business and E-Commerce

Question 1

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

Answer 1

True

Question 2

The First Amendment's Freedom of Speech Clause protects both speech and conduct.

Answer 2

False

Question 3

State governments do not have the power to regulate commerce with foreign nations.

Answer 3

True

Question 4

Lila, a newspaper columnist from Chicago, is unhappy with the soaring price of fuel in the U.S. She publishes an article that criticizes the government's refusal to offer gasoline at a subsidized price. This is an example of fully protected speech.

Question 5

The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the U.S.A.

Question 6

The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes.

Question 7

The House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.

Question 8

If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to Dormant Commerce Clause.

Question 9

The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.

Question 10

The Establishment Clause guarantees that there will be no state-sponsored religion.

Question 11

The power to regulate interstate commerce lies exclusively with the federal government.

Question 12

Police power permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Question 13

Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.

Question 14

Checks and balances built into the Constitution ensure that amendments to the Constitution are not contradictory to existing laws.

Question 15

Reserved powers are delegated to the judiciary by the President of the United States.

Question 16

When the states ratified the Constitution, they delegated certain powers-called enumerated powers-to the federal government.

Question 17

Advertising is categorized as limited protected speech.

Question 18

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

Question 19

In federalism, the federal government and the state governments share powers.

Question 20

The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

Question 21

The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce.

A) U.S. Constitution
B) Declaration of Independence
C) Bill of Rights
D) Articles of Confederation

Question 22

Substantive due process requires that that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property.

Question 23

The ________ provides that federal law takes precedence over state or local law.

A) preemption doctrine
B) Bill of Rights
C) Due Process Clause
D) Free Exercise Clause

Question 24

Which of the following is established by the Supremacy Clause of the U.S. Constitution?

A) The President is the supreme and sovereign head of the United States.
B) The legislative branch of the federal government is the supreme law-making authority in the country.
C) The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner.
D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

Question 25

Reserved powers are given to the ________ by the Constitution.

A) federal government
B) judiciary
C) state governments
D) U.S. Congress

Question 26

The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.

Question 27

Which of the following statements is true of the United States' Foreign Commerce Clause?

A) Regulation of foreign commerce by state governments is unconstitutional.
B) A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state.
C) Direct regulation of foreign commerce by the federal government violates the Commerce Clause.
D) State government is only permitted to regulate foreign trade indirectly.

Question 28

The legislative branch of the U.S. federal government is ________.

A) monocameral
B) bicameral
C) tricameral
D) polycameral

Question 29

Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.

A) anarchism
B) federalism
C) unitary
D) confederalism

Question 30

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply?

A) Establishment Clause
B) Indian Gaming Regulatory Act
C) Dormant Commerce Clause
D) Indian Reorganization Act

Question 31

Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?

A) A particular federal statute cannot exclusively regulate a specific area or activity.
B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.
C) A particular federal statute can expressly provide for exclusive jurisdiction.
D) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.

Question 32

Which of the following is enacted under state police power?

A) personal property laws
B) intellectual property laws
C) corporate governance laws
D) equal opportunity laws

Question 33

Which of the following statements is true of states' police power?

A) Police power restricts states from regulating inter-state commerce, although it happens within their borders.
B) The states are allowed to regulate army activities within their borders.
C) They are given the authority to enact laws that regulate the conduct of business.
D) The police force of a state is controlled by the federal police department.

Question 34

Why have checks and balances been built into the U.S. Constitution?

A) to keep a check on the number and frequency of amendments made to the Constitution
B) to ensure the judiciary is not biased or corrupt
C) to prevent any one of the three branches of the government from becoming too powerful
D) to ensure that people of all races and ethnicities are uniformly represented

Question 35

Fierra Inc. is a German automobile manufacturer that has a 5 percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

A) The government of North Carolina imposes an additional ten percent tax on Fierra cars.
B) The government of Georgia bans the sale of Fierra cars.
C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state.
D) The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.

Question 36

The Equal Protection Clause makes the classification of individuals based on their race unlawful.

Question 37

Intermediate scrutiny test is applied to classifications based on a protected class other than race.

Question 38

The ________ is responsible for making federal law.

A) President
B) state government
C) legislative branch
D) Supreme Court

Question 39

Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?

A) Georgia can stop trading with Kingsland after serving a notice.
B) Georgia can stop trading with Kingsland without serving a notice.
C) Georgia can appeal to the federal authority which can stop imports from Kingsland.
D) Georgia can make Kingsland export its apples to North Carolina.

Question 40

The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over other religions.

Question 41

Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid?

A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
C) Jerome wearing that t-shirt is an instance of limited protected speech.
D) Wearing that t-shirt makes Jerome liable for prosecution on the basis of defamatory language.

Question 42

Advertising is categorized as ________ speech.

A) fully protected
B) limited protected
C) uncensored
D) unprotected

Question 43

A group of students organizing a protest march would be an instance of ________ speech.

A) limited protected
B) prohibited
C) unprotected
D) fully protected

Question 44

The first ten amendments to the U.S. Constitution are collectively known as the ________.

A) Due Process Clause
B) Privileges Clause
C) Bill of Rights
D) Articles of Confederation

Question 45

The ________ requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope.

A) procedural due process
B) substantive due process
C) intermediate scrutiny test
D) rational scrutiny test

Question 46

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?

A) The Freedom of Speech Clause was added to the Constitution in the third amendment.
B) The Freedom of Speech Clause protects speech only, not conduct.
C) There is no provision for fully protected speech in the Constitution.
D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.

Question 47

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?

A) the Twelfth Amendment
B) the Thirteenth Amendment
C) the Fourteenth Amendment
D) the Fifteenth Amendment

Question 48

Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?

A) The government requires only men above the age of 18 to volunteer for military service.
B) The government establishes a trust fund to provide financial aid to minority groups.
C) A state government employs measures to improve living conditions in the reservations.
D) The government provides subsidies to farmers, but not to carpenters or lumberjacks.

Question 49

The ________ prohibits the government from promoting one religion over another.

A) Due Process Clause
B) Privileges Clause
C) Establishment Clause
D) Free Exercise Clause

Question 50

Vanessa was born to American parents from a minority group in Miami. She applies to a public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?

A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) cogent basis

Question 51

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n)________.

A) strict scrutiny test
B) intermediate basis test
C) due process test
D) rational basis test

Question 52

An organization provides six months of maternity leave to its female employees, whereas its male employees can avail paternity leave for a maximum of two weeks. Which of the following tests is used to examine the lawfulness of this classification?

A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) cogent basis

Question 53

Which of the following is a form of unprotected speech?

A) offensive speech
B) defamatory language
C) commercial speech
D) political speech

Question 54

The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a(n)________ test.

A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) due process

Question 55

Which of the following is a form of limited protected speech?

A) defamatory language
B) speech that incites the violent or revolutionary overthrow of the government
C) dangerous speech
D) offensive speech

Question 56

The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

A) Due Process
B) Privileges
C) Establishment
D) Free Exercise

Question 57

A(n)________ test is applied to classifications of people based on a suspect class.

A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) cogent basis

Question 58

The lawfulness of government classifications based on a protected class is examined using a(n)________ test.

A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) cogent basis

Question 59

A certain state in the U.S. declares that its citizens should only wear "modest" clothing. Which of the following conclusions is made when this law is tested for substantive due process?

A) unconstitutional for compulsion
B) invalid for violation of Equal Protection Clause
C) void for vagueness
D) invalid for violating freedom of expression

Question 60

Which of the following provisions is made by the Due Process Clauses?

A) No person shall be deprived of life, liberty, or property without due process of the law.
B) No state can regulate foreign trade directly or indirectly without due process of the law.
C) Motions for amendments to the constitution cannot be made without a majority in the parliament.
D) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

Question 61

How is power divided between the federal government and the state governments?

Question 62

Distinguish between limited protected speech and unprotected speech, as divided by the U.S. Supreme Court.

Question 63

Offensive speech is a form of ________ speech according to the First Amendment.

Question 64

How is the federal government divided? Why are checks and balances necessary? Explain with instances.

Question 65

________ are powers delegated to the federal government by the states.

Question 66

The ________ Clauses in the Constitution collectively prohibit states from enacting laws that unduly discriminate in favor of their residents.

A) Due Process
B) Equal Protection
C) Establishment
D) Privileges and Immunity

Question 67

The ________ provides that federal law takes precedence over state or local law.

Question 68

________ is speech that the government cannot prohibit or regulate.

Question 69

The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

Question 70

The first ten amendments to the U.S. Constitution are commonly known as the ________.

Question 71

Why is it unconstitutional for a state government to ban products imported from a foreign country, despite that country engaging in activities not condonable by that state?

Question 72

________ is responsible for making federal law.

Question 73

Each state has ________ senators in the U.S. Senate.

Question 74

The ________ Act sets the terms of casino gambling and other gaming activities on tribal land.

Question 75

How has the U.S. government regulated commerce with Native Americans?

Question 76

________ is a power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Question 77

The ________ Clause prevents the government from promoting one religion over the other.

Question 78

________ is a test that is applied to classifications based on a suspect class or involves fundamental rights.

Question 79

The president is selected by the ________.

Question 80

The U.S.'s form of government is referred to as ________, in which the federal government and the fifty states share powers.