Deck 4: Constitutional Bases for Business Regulation.

Question 1

Procedural due process focuses on the fundamental rights protected by the Due Process clauses.

Answer 1

False

Question 2

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

Answer 2

True

Question 3

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

Answer 3

False

Question 4

The famous case of Marbury v.Madison(1803)gave federal courts the power to review acts of the other two branches of the federal government to determine the existence of constitutional violations.

Question 5

In CASE 4.1National Federation of Independent Business v.Sebelius (2012),the U.S.Supreme Court held that the insurance mandate of the Affordable Care Act ("Obamacare")was a proper exercise of Congress's power to regulate interstate commerce.

Question 6

Members of the U.S.Supreme Court are appointed by Congress with the advice and consent of the President.

Question 7

The executive privilege fails to protect the President during his or her term of office from civil litigation over events that occurred before he or she took office.

Question 8

In the caseUnited States v.Lopezreferenced in the text,the U.S.Supreme Court upheld the Gun-Free School Zones Act,which banned guns near schools,as within Congress's power under the Commerce Clause.

Question 9

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

Question 10

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Question 11

Racist speech,no matter how disgusting or extreme,is unprotected by the First Amendment of the United States Constitution.

Question 12

No provision in the Bill of Rights has been held to limit the actions of state governments because the Bill of Rights only applies to federal government actions.

Question 13

In the caseClinton v.City of New York referenced in the text,the U.S.Supreme Court dealt with the question of the Supremacy Clause of the United States Constitution.

Question 14

In the caseDistrict of Columbia v.Hellerreferenced in the text,the U.S.Supreme Court invalidated DC's total ban on handguns.

Question 15

In the caseClinton v.City of New Yorkreferenced in the text,the U.S.Supreme Court struck down as unconstitutional the line-item veto given to the President by Congress.

Question 16

Obscene material is protected speech under the First Amendment.

Question 17

The Fifth Amendment contains the "due process" restriction on actions by the federal government.

Question 18

In 2013,the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.

Question 19

When a governmental action affects a person's life,liberty,or property,due process requires only a fair hearing.

Question 20

Without a constitutional grant of power,the federal government cannot act.

Question 21

In CASE 4.3,Fisher v.University of Texas at Austin (2013),the U.S.Supreme Court held that:

A) when race is involved, a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clauses using a strict scrutiny test.
B) when gender is involved, a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clause using a rational basis test.
C) a university admission test must be analyzed under theFifth Amendment's rational basis test.
D) when gender is involved, a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clause using the substantially-related test.

Question 22

Laws that punish actions that were not illegal when performed are known as:

A) bills of attainder.
B) proscriptive laws.
C) ex post facto laws.
D) criminal laws.

Question 23

The Fifth Amendment does NOT contain which of the following?

A) Self incrimination provision
B) Grand jury requirement
C) Jury trial requirement
D) Double jeopardy prohibition

Question 24

Which of the following is NOT one of the three branches of government?

A) The legislative branch
B) The judicial branch
C) The administrative branch
D) The executive branch

Question 25

In the caseUnited States v.Morrisonreferencedin the text,the U.S.Supreme Court held that the Violent Crimes Against Women Act was:

A) validly enacted under the authority of the due process clause of the U.S.Constitution.
B) validly enacted under the authority of the equal protection clause of the U.S.Constitution.
C) not valid because it discriminated against men.
D) invalid because Congress exceeded its authority under the Commerce Clause of the U.S.Constitution.

Question 26

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

Question 27

__________ gives the President a type of legal immunity which protects against the forced disclosure of Presidential communications made in the exercise of executive power.

A) Immunity privilege
B) Federal privilege
C) Executive privilege
D) Mandated privilege

Question 28

The __________ test is applied to determine whether or not speech is protected by the First Amendment to the U.S.Constitution.

A) incitement of violence
B) Brandenburg
C) espionage and sedition
D) clear and present danger

Question 29

In what year did the U.S.Constitution become effective?

A) 1776
B) 1789
C) 1774
D) 1790

Question 30

A law enacted to punish a specific individual would be an example of a(n):

A) bill of attainder.
B) ex post facto law.
C) proscriptive law.
D) per se law.

Question 31

Which of the following was the result at the U.S.Supreme Court level in the case of Board of Education of Independent School District No.92 of Pottawatomie County v.Earls,the case in the text involving whether a school system requiring student-athletes to take a drug test without any suspicion of drug use violates the Fourth Amendment?

A) That individualized suspicion is not a consideration in determining whether a search is reasonable and that the searches at issue were, therefore, constitutional.
B) That the searches were unconstitutional because no individual suspicion was present.
C) That the searches were unconstitutional because minors were involved regardless of whether or not individual suspicion was present.
D) That individualized suspicion is not always required and that the searches in the case were constitutional.

Question 32

In order to hold a media defendant liable for statements made about a public figure,the plaintiff must show the media defendant acted with:

A) actual malice.
B) negligence.
C) only inaccuracy.
D) intent to inflict monetary harm.

Question 33

In the __________ case,the U.S.Supreme Court upheld Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests.

A) Gibbons v.Ogden
B) Reno v.Condon
C) Heart of Atlanta Motel, Inc.v.United States
D) Sweet Dreams Hotel v.United States and State Department

Question 34

The __________ Clause of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

A) Supremacy
B) Federalization
C) Legalism
D) Preemption

Question 35

In contrast to the federal government,state governments have general powers not specified in the Constitution.These general powers are often referred to as __________ that protect the __________.

A) Habaeus corpus powers; health, safety, and welfare of the people
B) Subpoena powers; health, safety, and welfare of the people
C) Police powers; health, safety, and welfare of the people
D) Criminal indictment powers; health, safety, and welfare of the people

Question 36

The Bill of Rights consists of which of the following?

A) The first ten amendments to the U.S.Constitution.
B) The first five amendments to the U.S.Constitution.
C) All amendments to the U.S.Constitution.
D) All amendments to the U.S.Constitution after the first ten amendments were passed.

Question 37

In CASE 4.2Brown v.Entertainment Merchants Association (2011),involving the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors,what was the holding of of U.S.Supreme Court?

A) That the law was valid because the video games did not qualify for First Amendment protection.
B) That the law was valid because minors are not entitled to First Amendment protection.
C) That the law was invalid because the state could not establish a rational basis for it.
D) That the law was invalid because the state could not satisfy the strict scrutiny test applied.

Question 38

The Free Exercise Clause prohibits all restrictions on the practice of religion.

Question 39

In theCitizens United v.Federal Election Commission case referenced in the text,regarding the constitutionality of corporate political expenditures,the U.S.Supreme Court:

A) upheld federal laws banning corporate independent expenditures on political candidates and also upheld the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.
B) upheld federal laws banning corporate independent expenditures on political candidates but struck as unconstitutional the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.
C) struck down as unconstitutional federal law banning corporate independent expenditures on political candidates but upheld the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.
D) struck down as unconstitutional federal law banning corporate independent expenditures on political candidates and also struck down as unconstitutional the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.

Question 40

Based on various Supreme Court rulings,provisions in the Bill of Rights fundamental to the "American scheme of justice" are applicable to the States via the __________ Amendment.

A) Tenth
B) Eleventh
C) Thirteenth
D) Fourteenth

Question 41

When equal protection is concerned,classifications based on gender are subject to the ___________ test.

A)rational basis
B) strict scrutiny
C)substantially related
D) gender-based

Question 42

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law.
Refer to Fact Pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in state court civil cases?

A) That there is no federal constitutional requirement that jury trials be held in state court civil cases.
B) That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $75,000.
C) That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $20.
D) That in all state court civil cases the federal constitution gives any party the right to demand a jury trial.

Question 43

The President has the power to make treaties with the advice and consent of:

A) the House of Representatives.
B) the Senate.
C) both the House of Representatives and the Senate.
D) either the House of Representatives or the Senate.

Question 44

In the __________ (1965)case,the U.S.Supreme Court first extended substantive due process to the right to privacy,encompassing birth control and a woman's reproductive choice.

A) Roe v.Wade
B) Griswold v.Connecticut
C) Planned Parenthood v.Casey
D) Gonzalez v.Carhart

Question 45

In CASE 4.4,United States v.Windsor (2103),the U.S.Supreme Court addressed the question of:

A) whether the case should be analyzed using a 'strict scrutiny' analysis.
B) the constitutionality of a state statute denying state benefits to same-sex couples who were married in states where same-sex marriage is legal.
C) the constitutionality of a federal statute denying federal benefits to same-sex couples who were married in states where same-sex marriage is legal.
D) whether the case should be analyzed using a 'rational basis' analysis.

Question 46

In the Junger v.Daleycase referenced in the text,a professor challenged regulations involving the posting to a website of human readable source code of an encryption software program.The court held that:

A) computer source code is not protected by the First Amendment.
B) computer source code is protected by the First Amendment and that restrictions involving restrictions to such code are reviewed under a rational basis standard.
C) computer source code is protected by the First Amendment and that restrictions involving restrictions to such code are reviewed under the substantially related test.
D) computer source code is protected by the First Amendment and that restrictions involving restrictions to such code are reviewed under a strict scrutiny standard.

Question 47

Congress can override a President's veto by a __________ vote of both the House of Representatives and the Senate.

A) majority
B) two-thirds
C) three-quarters
D) unanimous

Question 48

The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than:

A) $20.
B) $40.
C) $1,000.
D) $5,000.

Question 49

The __________ provision of the U.S.Constitution forbids trying a person twice for the same crime.

A) ex post facto
B) bill of attainder
C) double jeopardy
D) privileges and immunities

Question 50

Which of the following was the result at the U.S.Supreme Court level in Citizens United v.Federal Election Commission regarding the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?

A) That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication.
B) That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication.
C) That the law was unconstitutional in that it involved small expenditures as well as larger ones.
D) That the law was constitutional.

Question 51

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law.
Refer to Fact Pattern 4-2.Which of the following sections of the U.S.Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

A) The First Amendment
B) The Fifth Amendment
C) The Seventh Amendment
D) Article One, Section Eight

Question 52

Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the equal protection clause of the fourteenth amendment to the U.S.Constitution?

A) Martin will lose because no statute or other action involving the government was involved.
B) Martin will lose only if other female secretaries have been fired under similar circumstances.
C) Martin will lose only if other female and male secretaries have been fired under similar circumstances.
D) Whether Martin will lose or win depends on whether the judge decides to apply a rational basis test or a strict scrutiny test to his claims.

Question 53

Preemption of state law when it directly conflicts with federal law is known as __________ preemption,whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as __________ preemption.

A) absolute; implied
B) express; absolute
C) express; field
D) absolute; field

Question 54

Even when Congress has taken no action in regard to a matter,the __________ or __________ Commerce Clause may impose restrictions on state action.

A) dormant; negative
B) dormant; positive
C) relative; positive
D) relative; negative

Question 55

The division of power among the executive,legislative and judicial branches of government is typically referred to as:

A) federalism.
B) judicial review.
C) separation of powers.
D) the Supremacy clause.

Question 56

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ____ power.

A)police
B)regulatory
C) protective
D)community

Question 57

Under the Fifth Amendment,state and federal governments have the right to __________,which is the power to take private land for public use,in exchange for just compensation.

A) subpoena a landowner
B) eminent domain
C) expropriate property
D) re-zone land

Question 58

Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?

A) Martin will win only if he can establish that the law firm has at least one governmental client.
B) Martin will win if he can establish that all other secretaries fired within at least the last year were given a hearing before termination.
C) Martin will win if he can establish that at least one secretary fired within the last year was given a hearing before termination.
D) Martin will lose because no governmental action was involved.

Question 59

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law.
Refer to Fact Pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in federal civil court cases involving diversity jurisdiction and applying state law (GTFM,LLC v.TKN Sales,Inc)?

A) That the U.S.Constitution requires that a jury trial be held only if the controversy exceeds the amount of $75,000, and the parties involved are all residents of the same state.
B) That the U.S.Constitution requires that a jury trial be held in all such trials.
C) That the U.S.Constitution does not provide the right to a jury in such situations.
D) That the U.S.Constitution provides that when a federal court has jurisdiction in a case based solely on diversity of citizenship, the federal court should require a jury trial only if a state court in that state would require a jury trial.

Question 60

The __________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

A) Seventh
B) Tenth
C) Eleventh
D) Fourteenth

Question 61

State X passes a law restricting the right of citizens to vacation in foreign countries because the state prefers that its citizens spend their vacation dollars in the U.S.A group of state citizens challenge the law.Set forth the standard a court would apply in reviewing the law and the likely outcome of the case.

Question 62

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Question 63

In an effort to promote family time,State X passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution.Set forth the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

Question 64

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
Refer to Fact Pattern 4-3.Under the Equal Protection clause,which of the following is the city's best argument that the law imposing a higher fee on female restaurant owners should be upheld?

A) That under the rational basis test, females should pay higher taxes so long as it can be shown that they have a higher rate of business failure.
B) That under the intermediate level test, distinctions involving gender are examined in the same way as distinctions based on guarantees in the Bill of Rights, and that the Bill of Rights allows gender-based classifications.
C) That under the strict scrutiny test, gender is a legitimate method by which to delineate differences between categories of citizens.
D) The city does not have a good argument because there is no justification for the distinction under the substantially related test.

Question 65

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
Refer to Fact Pattern 4-3.Under the Equal Protection clause,which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

A) That under the rational basis test, inspections by the health department are needed in order to guard against food-borne illnesses.
B) That under the strict scrutiny test, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business.
C) That under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved.
D) That under the common good test, large restaurants should be inspected more often in order to protect the community's tax base.

Question 66

State Y is planning a new superhighway.The traffic in state Y does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This will require 40% more land than ordinary superhighways.Claiming the power of eminent domain,the State has attempted to take Greg's house.Greg has filed suit to prevent this.How will the court decide this case and why?

Question 67

The Tiny Motel is located in State X.It is not readily accessible from any major highway.Few,if any of their guests are from out of state.The motel has filed suit in federal court to be exempt from the anti-discrimination provisions of the Civil Rights Act of 1964.What are the arguments for and against exemption?