Deck 2: Constitutional Law for Business and E-Commerce

Question 1

Article II of the United States Constitution establishes the legislative branch of government.

Answer 1

False

Question 2

The Articles of Confederation did not provide the United States Congress with the power to regulate interstate commerce.

Answer 2

True

Question 3

The United States Constitution,as amended,serves only one (1)function: It creates the three (3)branches of government (i.e.,the legislative,executive,and judicial branches)and allocates powers to these branches.

Answer 3

False

Question 4

Our country's form of government is referred to as federalism.

Question 5

The legislative branch of the federal government can change laws that have been interpreted by the United States Supreme Court.

Question 6

The executive branch can enter into treaties with foreign governments without the "advice and consent" of the United States Senate.

Question 7

Article III of the United States Constitution establishes the judicial branch of government.

Question 8

The United States Constitution itself provides that it may be amended to address social and economic changes.

Question 9

The preemption doctrine prevents states from regulating in any area that the federal government regulates.

Question 10

Article I of the United States Constitution establishes the executive branch of government.

Question 11

Any powers not delegated to either the federal government or the states are shared by the federal and state governments.

Question 12

The judicial branch has authority to examine the propriety of actions by both the legislative branch and the executive branch.

Question 13

The concept of federalism is that the states are more powerful than the central government.

Question 14

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the Supremacy Clause.

Question 15

One of the two major functions of the U.S.Constitution is to limit the government's ability to interfere with individual rights.

Question 16

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

Question 17

The Articles of Confederation did not grant the federal government the right to levy and collect taxes.

Question 18

The preemption doctrine refers to the concept of federal law taking precedence over state or local law.

Question 19

Federal enumerated powers are also called reserved powers.

Question 20

The Articles of Confederation provided the United States Congress with the power to regulate commerce with foreign countries.

Question 21

Pursuant to the Commerce Clause,the federal government could enact a law that forbids another country from doing business in the United States if that country engages in activities that are not condoned by the United States.A state,however,could not enact a law the forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state.

Question 22

The United States Supreme Court places speech into three (3)categories: 1)fully protected; 2)limited protected; and 3)unprotected.

Question 23

Political speech is an example of fully protected speech.

Question 24

According to the modern interpretation of the Commerce Clause,any local (i.e.,intrastate)activity that has an effect on interstate commerce is subject to federal regulation.

Question 25

Burning the American flag in protest to a federal government military action is constitutionally protected symbolic speech.

Question 26

Congress has the authority to regulate an activity that does not itself involve interstate commerce if the activity does have an effect on interstate commerce.

Question 27

Treaties entered into by the federal government with Native American Nations became void when the specific territory became a state and the treaty had to be renegotiated due to the land governance.

Question 28

In addition to the Bill of Rights,twenty-seven (27)other amendments have been added to the United States Constitution.

Question 29

The government cannot prohibit or regulate the content of fully protected speech.

Question 30

Because a state has a duty to protect its citizens and a right to regulate intrastate commerce,a law prohibiting the direct sale of goods to its citizens by out-of-state retailers is constitutionally valid as long as the sale can be made to in-state wholesalers who then sell to the state's citizens.

Question 31

The first twenty (20)amendments to the United States Constitution are commonly referred to as the Bill of Rights.

Question 32

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Question 33

Commercial speech and offensive speech both receive only limited protection under the U.S.Constitution.

Question 34

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers,this area of commerce is subject to what is referred to as the Dormant Commerce Clause.

Question 35

The fundamental rights granted in the Constitution and its amendments protecting citizens from intrusive governmental actions apply to natural persons and do not apply to artificial persons such as corporations.

Question 36

The Commerce Clause of the U.S.Constitution gives the federal government the nonexclusive power to regulate commerce with foreign nations.

Question 37

Offensive speech is generally considered to be another name for obscene speech.

Question 38

The police power permits states to enact laws to protect or promote the public health,safety,morals,and general welfare.

Question 39

Laws broken on Indian land are resolved in the state court of the state within which the land is located.

Question 40

Since their creation,the protections in the Bill of Rights have generally been applicable to state and local governments as well as the federal government.

Question 41

The level of scrutiny in equal protection cases refers to how difficult it is for alleged equal protection violations to be justified.

Question 42

Obscene speech is protected by the First Amendment to the United States Constitution.

Question 43

The First Amendment to the United States Constitution contains two (2)separate religion clauses: 1)the Enlightenment Clause; and 2)the Free Exercise Clause.

Question 44

The Fourteenth Amendment contains Equal Protection,Due Process,and Privileges and Immunities Clauses.

Question 45

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the work must depict or describe,in a mildly offensive way,sexual conduct specifically defined by state law.

Question 46

The lawfulness of government classifications based on sex is examined using an intermediate scrutiny test.

Question 47

The United States Constitution requires federal,state,and local governments to be neutral toward religion.

Question 48

The U.S.Supreme Court has ruled that the Internet must be given the highest possible level of First Amendment free-speech protection.

Question 49

An affirmative action program that gives racial minorities a "plus factor" when considered for public university admission is lawful under the "strict scrutiny" test of equal protection,as long as it does not constitute a quota system.

Question 50

The federal government's requirement that males (upon reaching the age of 18)must register for a military draft but that females do not have to register for the draft has been found constitutional by the United States Supreme Court.

Question 51

A government rule that permits persons of one race but not of another race to receive government benefits such as Medicaid would violate the "strict scrutiny" test of equal protection.

Question 52

Defamatory language is protected by the First Amendment to the United States Constitution.

Question 53

The United States Supreme Court has adopted three (3)different standards of review for deciding whether the government's different treatment of people or businesses violates or does not violate the Equal Protection Clause: 1)the "maximum scrutiny" test; 2)the "average scrutiny" test; and 3)the "minimal scrutiny" test.

Question 54

The United States Supreme Court has held that the content of offensive speech may not be forbidden,but that it may be restricted by the government under reasonable time,place,and manner restrictions.

Question 55

The Establishment Clause of the U.S.Constitution allows the federal government to establish which religions are entitled to protection.

Question 56

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the work,taken as a whole,must lack serious literary,artistic,political,or scientific value.

Question 57

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.

Question 58

Providing government subsidies to farmers,but not to those in other occupations,is a violation of the "strict scrutiny" test of equal protection.

Question 59

In Virginia State Board of Pharmacy v.Virginia Citizens Consumer Council,Inc.,the United States Supreme Court held that a state statute that prohibited a pharmacist from advertising the price of prescription drugs was unconstitutional because it violated the Freedom of Speech Clause.

Question 60

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the average person,applying contemporary community standards,would find that the work,taken as a whole,appeals to the salient interest.

Question 61

For which of the following in the U.S.Congress can the number to which a state is entitled change over time?

A) senators
B) representatives
C) both senators and representatives
D) neither senators nor representatives
E) all members of the U.S. Congress

Question 62

Article I of the United States Constitution establishes the ________ branch of government,Article II establishes the ________ branch of government,and Article III establishes the ________ branch of government.

A) executive; judicial; legislative
B) judicial; legislative; executive
C) legislative; executive; judicial
D) legislative; judicial; executive
E) executive; legislative; judicial

Question 63

What was the first document to set out the operation of the United States government?

A) the Declaration of Independence
B) the Colonial Government Manifest
C) the Articles of Confederation
D) the Gettysburg Address
E) the U.S. Constitution

Question 64

The Constitution reserves the right of the federal government to regulate interstate commerce.This is an example of:

A) federalism.
B) an enumerated power.
C) a Supremacy Clause application.
D) equal protection.
E) nationalism.

Question 65

When the states ratified the United States Constitution,they delegated certain powers called ________ powers to the federal government.

A) holistic
B) reserved
C) shared
D) enumerated
E) prima facie

Question 66

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

A) preemption
B) circumvention
C) supremacy
D) assumption
E) preeminence

Question 67

The lawfulness of government classifications that do not involve suspect or protected classes is examined using an intermediate scrutiny test.

Question 68

Our country's form of government is referred to as

A) imperialism.
B) federalism.
C) altruism.
D) statism.
E) nationalism.

Question 69

When used in reference to the United States Constitution,the term "checks and balances" means that:

A) Congress has the power to issue checks and balance the budget.
B) Congress has the power to check and balance the power of individual states.
C) the Constitution ensures that Congress has power to check and balance the power of federal agencies.
D) certain checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful.
E) banks are required to offer checking accounts to customers.

Question 70

Under the Supremacy Clause of the U.S.Constitution,when Congress chooses to regulate in an area:

A) it will automatically have exclusive jurisdiction to regulate in that area.
B) states will always remain able to freely regulate in that area.
C) states will always be able to regulate in that area, so long as the state law does not directly and substantially conflict with the federal law.
D) whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area.
E) the state will be able to regulate in that area only with prior permission of the U.S. Supreme Court.

Question 71

Enforcement of affirmative action through the use of a quota system is lawful if it is done to accomplish a legitimate state or federal purpose.

Question 72

Any state law that ________ conflicts with valid federal law is ________ under the Supremacy Clause.

A) potentially; preempted
B) potentially; co-opted
C) directly and substantially; preempted
D) directly and substantially; co-opted
E) directly and substantially; valid

Question 73

Just compensation paid to citizens due to a seizure of land based on the exercise of eminent domain is a substantive due process matter.

Question 74

Powers that are not mentioned in the U.S.Constitution:

A) are held both by the states and by the federal government.
B) are reserved to the states.
C) are reserved to the federal government.
D) can be delegated by the U.S. Supreme Court to either the states or the federal government.
E) cannot be exercised by either the states or the federal government.

Question 75

If a federal statute does not expressly provide for exclusive jurisdiction,state and local governments have ________ jurisdiction to regulate an area or activity.

A) long-arm
B) exclusive
C) concurrent
D) concordant
E) discordant

Question 76

In order to enter into a treaty with a foreign nation,the executive branch needs:

A) no further approval.
B) the approval of the Senate.
C) the approval of the House of Representatives.
D) the approval of the Senate and the House of Representatives.
E) the approval of the Senate and the Supreme Court.

Question 77

The two main functions of the U.S.Constitution are to:

A) create the three branches of government and create the individual states.
B) create the three branches of government and promote a strong economy.
C) protect individual rights and establish the electoral college.
D) create the three branches of government and protect individual rights.
E) provide all citizens with a right to vote and allow for judicial review of laws.

Question 78

The substantive due process category of due process requires that government action,ordinances,regulations,and other laws be clear on their face and not overly broad in scope.

Question 79

In what year was the U.S.Constitution written?

A) 1776
B) 1782
C) 1787
D) 1812
E) 1865

Question 80

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