Deck 2: Constitutional Law for Business and E-commerce

Question 1

Which of the following statements is true of the executive branch of the federal government?

A) It provides for the election of the president based on popularity.
B) It provides for the election of the president who is selected by the Electoral College.
C) It provides for the appointment of representatives of the Electoral College who are selected by the citizens of the state.
D) It provides for the establishment of the U.S. Supreme Court and the interpretation of the U.S. Constitution and federal law.

Answer 1

B

Question 2

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

A) sovereignty
B) federalism
C) unitarianism
D) libertarianism

Answer 2

B

Question 3

When the states ratified the Constitution,they delegated ________ powers to the federal government.

A) enumerated
B) reserved
C) police
D) statutory

Answer 3

A

Question 4

Which of the following statements is true of the legislative branch of the federal government?

A) It is responsible for enforcing federal law.
B) It permits a state to have two senators in the U.S. Senate.
C) It provides for the election of the president and vice-president.
D) It provides for the creation of federal courts by Congress.

Question 5

Article III of the Constitution establishes the ________ of the federal government.

A) executive branch
B) electoral branch
C) judicial branch
D) legislative branch

Question 6

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 7

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

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

Question 8

Which of the following is a function of the U.S.Constitution?

A) create the three branches of federal government
B) promote a strong economy
C) establish the electoral college
D) permit the judicial review of laws

Question 9

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 10

The ________ is responsible for making federal law.

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

Question 11

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

A) exclusive
B) concurrent
C) concordant
D) discordant

Question 12

Reserved powers are given to the ________ by the Constitution.

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

Question 13

The state of Camford in the United States passes a statute containing numerous requirements,some conflicting with the federal rules,covering the licensing of airplane pilots and the operation of aircraft.A pilot's constitutional challenge to this state statute would succeed on the basis of ________.

A) the preemption doctrine
B) the substantive due process
C) the procedural due process
D) the Equal Protection Clause

Question 14

Which of the following Articles of the Constitution establishes the executive branch of the federal government?

A) Article II
B) Article IV
C) Article III
D) Article I

Question 15

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 16

Article I of the Constitution establishes the ________ of the federal government.

A) electoral branch
B) legislative branch
C) executive branch
D) judicial branch

Question 17

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 18

The amended U.S.Constitution primarily focuses on ________.

A) providing all citizens with a right to vote
B) creating individual states in the country
C) protecting individual rights
D) promoting a strong economy

Question 19

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 20

The power of the federal government to make treaties with Native American nations regarding land use is derived from the ________.

A) Commerce Clause
B) Equal Protection Clause
C) Privileges and Immunities Clause
D) Supremacy Clause

Question 21

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 10% tax on Fierra cars.
B) The government of North Carolina bans the sale of Fierra cars outside its borders.
C) The government of North Carolina asks Fierra 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 22

Advertising is categorized as ________ speech.

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

Question 23

The Indian Gaming Regulatory Act sets the terms of ________ activities on tribal land.

A) casino gambling
B) hunting and gathering
C) agriculture and animal rearing
D) mining

Question 24

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

Question 25

Which of the following is a form of unprotected speech?

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

Question 26

Which of the following types of speech is not protected by the U.S.Constitution?

A) political speech
B) commercial speech
C) obscene speech
D) offensive speech

Question 27

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 28

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 29

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

A) Police power restricts states from regulating interstate 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 30

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 31

Kingsland is a country that has been exporting apples to the United States for over a century,shipping 300 tons to the state of 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 32

Which of the following is part of the United States Supreme Court's test for obscene speech?

A) The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.
B) The work, taken as a whole, substantially interferes with interstate commerce.
C) The work depicts or describes, in an implicit way, sexual conduct generally defined by applicable international law.
D) A reasonable person, applying traditional community standards, would find that the work, in whole or in part, appeals to the salient interest.

Question 33

The state of Carterbridge in the United States passes a statute that grants all residents who purchase a brand new automobile made in Carterbridge a $2,000 credit on state sales tax.Such a statute would be ________.

A) a violation of the Due Process Clause in the Fifth Amendment
B) a procedural due process violation
C) a First Amendment violation
D) a violation of the Commerce Clause exists

Question 34

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 35

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 36

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 the ________.

A) Free Exercise Clause
B) Dormant Commerce Clause
C) Due Process Clause
D) Privileges and Immunities Clause

Question 37

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) A state government is only permitted to regulate foreign trade indirectly.

Question 38

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states ________.

A) cannot regulate in that area, as the federal government's decision implies that there is to be no regulation in that area
B) cannot regulate in that area because states cannot pass laws on interstate commerce
C) can regulate in that area so long as long as the state law does not unduly burden interstate commerce
D) can regulate in that area so long as it first gets the requisite approval from Congress

Question 39

With respect to commercial speech,the government can ________.

A) subject it to time, place or manner restrictions, but not prevent it
B) prevent it entirely only upon the consent of two-thirds of the Senate
C) prevent it if the Congress and the President agree
D) entirely restrict or prevent it, so long as the speech does not have political content

Question 40

Which of the following is enacted under state police power?

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

Question 41

A law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers.In evaluating an equal protection challenge to this law,a court would use ________.

A) strict scrutiny
B) intermediate scrutiny
C) limited scrutiny
D) the rational basis test

Question 42

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 43

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 44

Which of the following statements is true about how courts address equal protection cases?

A) If a law treats different groups differently, the court determines whether the difference in treatment is justified using one of three different levels of scrutiny.
B) If a law treats different groups differently, it will be acceptable so long as there is adequate notice to the persons affected.
C) Laws that affect persons differently based on race, gender, or age will be invalidated, while laws that affect persons differently based on other factors will be deemed acceptable.
D) If a law treats a particular group more favorably than others, it will be acceptable, but if a law treats a particular group less favorably than others, it will be invalidated.

Question 45

A certain state in the United States 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 46

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 47

An equal protection challenge to a statute that treats adults of different ages differently would be decided under the ________.

A) intermediate scrutiny test
B) rational basis test
C) strict scrutiny test
D) majority scrutiny test

Question 48

The ________ requires 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.

A) procedural due process
B) substantive due process
C) Supremacy Clause
D) Equal Protection Clause

Question 49

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 50

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 51

Which of the following statements is true of the equal protection clause?

A) It expressly applies to state and local government actions only.
B) It is designed to make the classification of individuals unlawful per se.
C) It is designed to prohibit invidious discrimination.
D) It fails to protect artificial persons such as corporations.

Question 52

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 53

Which of the following statements is true about the freedom of religion under the U.S.Constitution?

A) It gives practitioners absolute rights to take part in actions which are religious-based.
B) It permits the government to either establish a government-sponsored religion or promote one religion over another.
C) It permits the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.
D) It requires federal, state, and local governments to be neutral toward religion and thus guarantee that there will be no state-sponsored religion.

Question 54

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 55

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 56

The Privileges and Immunities Clause provides that ________.

A) an individual has the privilege of practicing any religion, and is immune from any government interference with that right
B) states must generally treat nonresidents as favorably as residents
C) corporations receive most of the same constitutional protections as individuals
D) the government is not subject to being sued unless the constitutional matter is a right rather than a privilege

Question 57

The ________ Clause 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 Immunities

Question 58

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 59

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 60

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 61

States are free to define what constitutes obscene speech.

Question 62

The right to be free from government intervention in the practice of religion is not absolute.

Question 63

Under the effects on interstate commerce test,the regulated activity does not itself have to be in interstate commerce.

Question 64

The First Amendment protects oral,written,and symbolic speech.

Question 65

The U.S.Constitution,itself,provides that it may be amended to address social and economic changes.

Question 66

The Supreme Court has applied the incorporation doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action.

Question 67

The number of representatives to the U.S.House of Representatives is determined according to the population of each state.

Question 68

The Articles of Confederation granted the federal government the right to levy and collect taxes.

Question 69

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

Question 70

A speech is considered obscene when the work,taken as a whole,lacks serious literary,artistic,political,or scientific value.

Question 71

State and local laws that conflict with valid federal law are considered to be constitutional.

Question 72

Offensive speech is considered to be the same as obscene speech.

Question 73

E-commerce is subject to the Commerce Clause of the U.S.Constitution.

Question 74

The Articles of Confederation did not provide the Congress with the power to regulate commerce with foreign countries,or to regulate interstate commerce.

Question 75

The Free Exercise Clause prohibits the government from interfering with the free exercise of religion in the United States.

Question 76

The Supremacy Clause is intended to foster the development of a national market and free trade among the states.

Question 77

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

Question 78

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

Question 79

The President of the United States is elected solely on the basis of popularity among the citizens of the country.

Question 80

Fundamental rights guaranteed in the First Amendment are not applicable to artificial persons like corporations.