Deck 4: Constitutional Law for Business and E-Commerce

Question 1

The Due Process Clause of the Fourteenth Amendment made most of the guarantees contained in the Bill of Rights applicable to the federal government.

Answer 1

False

Question 2

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.

Answer 2

False

Question 3

The legislative branch of the U.S.Government can enact statutes that change laws that have been made by the judicial branch.

Answer 3

True

Question 4

The police power of a state gives the state much general authority to regulate business.

Question 5

Our country's form of government is known as federalism.

Question 6

The First Amendment protects symbolic speech as well as actual spoken or written speech.

Question 7

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 8

The Articles of Confederation gave no power to the federal government to levy and collect taxes or to regulate commerce.

Question 9

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 10

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 11

The Federal Communications Commission (FCC)can regulate the use of offensive language on television even though the First Amendment applies to such speech.

Question 12

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

Question 13

The first 10 amendments that were added to the U.S.Constitution are known as the Bill of Rights.

Question 14

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

Question 15

In most subject matter areas the federal government and state governments have concurrent jurisdiction to regulate activity.

Question 16

The concept of federalism is that the states and the federal government share powers.

Question 17

If the federal government preempts states from regulating in an area,the states may not continue to pass legislation that conflicts with federal statutes.

Question 18

The existence of the Electoral College means that the president is not elected by the popular vote.

Question 19

Because of the First Amendment,a city could not prohibit billboards along its highways for safety and aesthetic reasons.

Question 20

The judicial branch has authority to examine the actions of both the legislative branch and the executive branch to determine whether these acts are constitutional.

Question 21

The number of ________ to which a state is entitled can change over time.

A) Senators
B) Representatives
C) both Senators and representatives
D) Supreme Court justices

Question 22

Which of the following is not a main function of the U.S.Constitution?

A) to create the three branches of government
B) to allocate powers to the three branches of government
C) to protect individual rights
D) to limit the government's ability to restrict individual rights
E) to create additional branches of government as Congress sees fit

Question 23

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

Question 24

Substantive due process generally addresses the issue of whether or not a law is reasonably clear.

Question 25

With regard to the Commerce Clause of the United States Constitution,which of the following is correct?

A) States have no power to regulate interstate commerce.
B) Commerce must actually cross state lines to be considered "interstate commerce."
C) The police power of the states gives the states the power to regulate intrastate and much interstate business within their borders.
D) Although a state cannot regulate interstate commerce within its borders,it has full power to prevent interstate business activities within its borders.
E) Cases involving interstate commerce are decided under strict scrutiny.

Question 26

The reason the Articles of Confederation were weak was because:

A) it gave limited power to the federal government
B) it did not provide Congress with the power to levy and collect taxes
C) it did not provide Congress with the power to regulate interstate commerce among the states
D) All of these are correct.

Question 27

The Constitutional Convention was convened in 1787 for what purpose?

A) to add a Bill of Rights to the Constitution
B) to create a court system
C) to ratify the First Amendment
D) to strengthen the federal government

Question 28

The legislative branch of government is referred to as ________ as it is comprised of the Senate and the House of Representatives.

A) bicameral
B) parliament
C) electoral
D) fully represented
E) bipartisan

Question 29

Under the Supremacy Clause of the U.S.Constitution,when Congress chooses to regulate in an area,which of the following is true?

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 30

Which of the following would take precedence over a state constitution under the Supremacy Clause of the U.S.Constitution?

A) the U.S. Constitution only
B) the U.S. Constitution and treaties with foreign nations
C) the U.S. Constitution and federal statutes
D) the U.S. Constitution,federal statutes,and federal regulations
E) the U.S. Constitution,federal statutes,federal regulations,and treaties with foreign nations

Question 31

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

Question 32

The president is selected by

A) congress
B) the electoral college
C) the Supreme Court
D) popular vote
E) lottery

Question 33

The Privileges and Immunities Clause protects individuals,but not corporations.

Question 34

What is the result of the "effects on interstate commerce" test?

A) The federal government can regulate all interstate commerce that actually crosses state lines.
B) Prior to enacting laws,states are required to identify any effects that the law might have on interstate commerce.
C) The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity does not itself involve interstate commerce.
D) Commercial speech protections apply only to speech that has an effect on interstate commerce.

Question 35

Powers that are not specifically delegated to the federal government by the United States Constitution:

A) are held both by the states and by the federal government
B) last clear chance
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 36

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

Question 37

Since declaring independence,the current U.S.Constitution is the ________ document to set out the general operations of the government.

A) first
B) second
C) third
D) fourth

Question 38

The Establishment Clause prohibits the government from establishing a government-sponsored religion but not from promoting one religion over other religions.

Question 39

The strict scrutiny test is used in Equal Protection Clause cases involving a suspect class such as race.

Question 40

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

A) regulate without restriction in that area
B) regulate in that area so long as the state law does not unduly burden interstate commerce
C) regulate in that area so long as it first gets the requisite approval from Congress
D) not regulate in that area because states cannot pass laws affecting interstate commerce
E) not regulate in that area because the federal government's decision to not regulate in an area implies that there is to be no regulation in that area at any level

Question 41

Which of the following does not receive protection under the U.S.Constitution?

A) obscene speech
B) offensive speech
C) both obscene speech and offensive speech
D) neither obscene speech nor offensive speech

Question 42

There are extensive federal regulations covering airplanes and pilots.Assume that the state of Missouri 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 statute would most likely succeed on the basis of:

A) the preemption doctrine
B) strict liability
C) substantive due process
D) the state police power

Question 43

Under what circumstances can a state impose a tax on goods that are imported from other nations?

A) negligence per se
B) if the tax does not conflict with any valid federal law
C) if the amount of the tax is reasonable
D) if the tax also applied equally to the same type(s) of goods produced domestically
E) in no circumstance

Question 44

Which of the following is considered to be fully protected speech under the U.S.Constitution?

A) political speech only
B) political speech and commercial speech
C) offensive speech and commercial speech
D) commercial speech only
E) political speech,commercial speech,and offensive speech

Question 45

Substantive due process requires that:

A) a notice and hearing be given before one is deprived of life,liberty,or property
B) a criminal defendant has an attorney present at all times
C) res ipsa loquitur takes place
D) a law is sufficiently clear that a reasonable person can understand it in order to comply with it
E) a defendant not be tried twice for the same crime

Question 46

What sorts of things do the additional 17 Constitutional amendments cover?

A) the abolition of slavery
B) federal income tax
C) women's right to vote
D) prohibition of discrimination
E) All of these are correct.

Question 47

Which of the following is correct regarding freedom of religion under the U.S.Constitution?

A) It comes from the Establishment Clause as well as the Free Exercise Clause.
B) It applies only to those religions in existence on the date the Constitution became effective.
C) It gives practitioners of any religion absolute rights to take part in actions that are based on that religion.
D) It allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose.

Question 48

The Privileges and Immunities Clause provides which of the following?

A) It is a privilege to be granted immunity from a criminal prosecution.
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.
E) An individual has the privilege of practicing any religion,and is immune from any government interference with that right.

Question 49

Assume that the state of Tennessee passes a statute that grants all residents who purchase a brand new Saturn automobile made in Tennessee a $2,000 state income tax credit.Which of the following is most likely true?

A) An equal protection claim would be evaluated using strict scrutiny.
B) Because the statute gives the tax credit only to Tennessee residents who purchase a car made in Tennessee,there is no violation of the commerce clause.
C) There is a procedural due process violation.
D) This statute probably violates the commerce clause.

Question 50

Which of the following receives at least some protection under the U.S.Constitution?

A) political speech only
B) political speech and commercial speech
C) offensive speech and commercial speech
D) commercial speech only
E) political speech,commercial speech,and offensive speech

Question 51

Which of the following is not correct with regard to commercial speech?

A) The government cannot regulate commercial speech.
B) The government can regulate the time of commercial speech,but cannot prevent it.
C) The government can regulate the place of commercial speech,but cannot prevent it.
D) The government can regulate the manner of commercial speech,but cannot prevent it.

Question 52

Most of the rights in the Bill of Rights apply to:

A) the federal government only
B) state governments only
C) natural persons and artificial persons
D) the legislative and executive branches of the federal government,but not to state and local governments
E) the federal government and businesses that operate across state lines

Question 53

Which of the following would likely violate the freedom of religion protections in the U.S.Constitution?

A) the government promoting one religion as better than other religions
B) the government preventing the practice of unpopular or fringe religions
C) the government establishing a time in school for persons to practice the religion of their choice
D) A and B only.
E) A,B,and C.

Question 54

Which of the following is true regarding obscene speech?

A) It cannot be prevented,but can be subject to time,place,or manner restrictions.
B) Because the definition of obscene is so subjective,it cannot be restricted or prevented.
C) Even though the definition of obscene speech is subjective,if speech is determined to be obscene,it loses all constitutional protection.
D) Obscene speech and offensive speech receive the same degree of protection.
E) The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.

Question 55

Which of the following is correct with respect to freedom of speech?

A) All speech receives the same degree of Constitutional protection.
B) Some speech is not protected.
C) Commercial speech receives no protection due to its profit motive.
D) Most speech critical of the government can be restricted because such speech can be destabilizing.

Question 56

In responding to a constitutional challenge to the Computer Decency Act,the U.S.Supreme Court ruled which of the following about the Act?

A) Computers and the Internet were not covered by the free speech provisions of the U.S. Constitution because they did not exist when the Constitution was drafted.
B) The Act was constitutional because obscene speech receives no protection.
C) Obscene materials could not be available between 6:00 a.m. and 10:00 p.m. local time.
D) The Internet deserves the "highest protection" from government intrusion.
E) The Internet was similar to television and that restrictions similar to those on television programming were appropriate.

Question 57

The Bill of Rights is another name for:

A) the Articles of Confederation
B) the U.S. Constitution
C) the document that explains the U.S. Constitution
D) the first ten amendments to the U.S. Constitution
E) the first seven articles of the U.S. Constitution

Question 58

What did the Fourteenth Amendment of the U.S.Constitution do?

A) It established prohibition.
B) It granted the power to regulate interstate commerce to Congress.
C) It gave Congress the power to place reasonable restrictions on commercial speech.
D) It made the protections in the Bill of Rights applicable to actions by state governments.

Question 59

An equal protection challenge to a statute that treats adults of different ages differently would be decided by using what standard?

A) intermediate scrutiny
B) majority scrutiny
C) strict scrutiny
D) rational basis scrutiny
E) limited scrutiny

Question 60

Which of the following 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,the law will be invalidated.
C) If a law treats different groups differently,it will be acceptable so long as there is adequate notice to the persons affected.
D) Laws that affect persons differently based on race,gender,or age will be invalidated; laws that affect persons differently based on other factors will be deemed acceptable.
E) 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 61

Following the events of September 11,2001,the government took many actions directed at preventing acts of terrorism.One of the first and most visible was increased intensity of searches at airports.When government personnel do the screening,they are subject to the Equal Protection Clause.Should government screeners be able to search members of certain groups more rigorously than others? Is it constitutional to do so?

Question 62

A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day.Does the law violate the Constitution?

A) No; participation is voluntary.
B) Yes; the Act violates the Establishment Clause.
C) Yes; the Act violates the Free Exercise Clause.
D) Yes; the Act violates the Equal Protection Clause.

Question 63

To what extent should "speech" over the Internet be regulated? Should the Internet be treated like television,or should different standards apply? Or is the Internet more like print media such as books or newspapers? Give reasons for your positions.

Question 64

Assume that a city passes an ordinance that prohibits all smoking in restaurants and bars,except in outdoor seating areas.Evaluate an equal protection challenge to this ordinance.

Question 65

In the late 1990s,bicycle helmets became subject to federal regulation for the first time.Prior to the adoption of federal standards,manufacturers of bicycle helmets could get their helmets safety-certified by several private organizations.Manufacturers were not required to use any of these organizations,but most used at least one as part of their marketing.Assume that someone who is injured while wearing a bike helmet believes that a defect in the helmet's design contributed to the injuries sustained.Under what circumstances can this person bring a tort claim under state law?

Question 66

The ability of Native American Indians to conduct gambling operations on Indian reservations:

A) is determined solely by the respective Indian tribe
B) is within the control of the federal government because of provisions in the U.S. Constitution
C) is determined solely by the state in which the reservation is located
D) has been found by the courts,in many instances,to have been improperly granted

Question 67

Assume that a state passes a statute that prevents the disclosure of the horsepower of automobile engines.The purpose of this law is to prevent the car companies from trying to market cars with more horsepower than those of their competitors.This statute would most likely be found to:

A) be constitutional under state police power
B) be viewed as an unconstitutional restriction of commercial speech
C) violate the Equal Protection Clause under intermediate scrutiny
D) be found to violate substantive due process
E) be found to violate procedural due process

Question 68

Assume that 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 69

Assume that the state of Kansas passes a law requiring all inline skates sold in Kansas to have disc brakes.Assume that there are no federal regulations covering inline skate design.Assume also,that the required disc brakes would make inline skates easier to stop and thus safer,but that they would add considerably to the cost of the skates and require extensive changes in design to meet the Kansas requirements.Which of the following is most likely true?

A) Even though there are no federal regulations on the design of inline skates,the Kansas statute would probably be considered a burden on interstate commerce and thus unconstitutional.
B) Because the required modification is a better design,the law would be constitutional.
C) Because the statute does not conflict with a federal statute or regulation,it could not be found to be unconstitutional.
D) If all manufacturers of inline skates stopped selling them in Kansas,there could be no constitutional violation because interstate commerce would not be involved.

Question 70

Assume that there are numerous Internet service providers in a large city.Because of fierce competition,these businesses advertise heavily.One of the features that some of them provide and advertise is streamlined access to pornography sites as well as proprietary pornography sites that can be accessed only by those who subscribe with that particular service provider.This city passes an ordinance that prohibits any advertising about being able to access pornography over the Internet.One of the service providers challenges the constitutionality of this statute.Discuss how the case would turn out.

Question 71

Assume that a federal regulation is adopted that requires bicycle manufacturers to disclose the weight of the largest frame size,fully equipped for riding,when they advertise the weight of a bicycle.If this requirement is challenged under freedom of speech,which of the following is most likely to occur?

A) It would be found to be an acceptable regulation of commercial speech.
B) It would be found to be an unacceptable prohibition of commercial speech.
C) The court would not consider the case because this advertising is not political speech.
D) The court would evaluate the restriction using strict scrutiny.
E) There would be no violation because this does not prohibit speech,but requires it in certain circumstances.