Deck 4: Business and the Constitution

Question 1

The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate commerce.

Answer 1

False

Question 2

Commercial speech is not afforded protection by the First Amendment.

Answer 2

False

Question 3

States can never regulate interstate commerce.

Answer 3

False

Question 4

The Fifth and Fourteenth Amendments provide procedural due process protections for corporations and individuals.

Question 5

State regulation of commerce is controlled by both the commerce and supremacy clauses.

Question 6

The First Amendment does not cover corporate ads on ballot propositions.

Question 7

An unconstitutionally vague statute cannot be a basis for criminal prosecution.

Question 8

The states' police powers are subject to a balancing test.

Question 9

Article III of the U.S. Constitution establishes the judicial branch of government.

Question 10

Article I of the U.S. Constitution establishes the executive branch of government.

Question 11

In supremacy clause cases, legislative intent of Congress is examined.

Question 12

The Bill of Rights covers freedom of speech.

Question 13

The Commerce Clause authorizes Congress to regulate interstate and international commerce.

Question 14

The executive branch of the federal government has no enforcement authority.

Question 15

One state can impose a tax on a corporation's property if the corporation does any business in the state.

Question 16

The Bill of Rights contains the Commerce Clause.

Question 17

Substantive due process is the same as procedural due process.

Question 18

In supremacy clause cases, the pervasiveness of the regulatory scheme is examined.

Question 19

Corporate political speech is afforded the same First Amendment protection as individual political speech.

Question 20

If the underlying activity Congress attempts to regulate is not economic in nature, authority for such regulation is not part of the Commerce Clause.

Question 21

The Fifteenth Amendment applies most of the Bill of Rights protections to the states.

Question 22

California cannot impose taxes on a corporation that is incorporated in Arizona and doing business in California and thirty-two other states.

Question 23

The U.S. Supreme Court has always found interstate commerce is involved regardless of how small the business or its impact.

Question 24

A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.

Question 25

A state tax law that taxes all income of a corporation earned in all 50 states is constitutional.

Question 26

There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.

Question 27

Corporate political speech enjoys less First Amendment protection than individual political speech.

Question 28

Corporations cannot make political contributions because of First Amendment constraints.

Question 29

To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.

Question 30

States have authority over international commerce that comes within their borders and can circumvent U.S. treaties.

Question 31

The U.S. Constitution is an example of code law.

Question 32

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

Question 33

The Supremacy Clause is found in the Sixth Amendment.

Question 34

So called "soft money" donations are protected under the First Amendment.

Question 35

After the Bill of Rights, there are seventeen more Amendments.

Question 36

A state can tax only those corporations that have their home offices in or are incorporated in that state.

Question 37

McCain-Feingold refers to the Bipartisan Campaign Reform Act of 2002.

Question 38

A federal law that controlled all states' divorce laws because of the economic impact of divorce would be constitutional.

Question 39

The First Amendment prohibits state regulation of false advertising.

Question 40

Procedural due process rights exist in administrative, civil, and criminal proceedings.

Question 41

The concept of "checks and balances" refers to the Constitutional requirement that the federal government must always have a balanced budget.

Question 42

Germany has a legal system based on codes.

Question 43

Which section of the U.S. Constitution establishes the legislative branch?

A)Article I
B)Article 2
C)Article 3
D)Amendment 1

Question 44

The Supremacy Clause:

A)controls whether Congress or the states have the authority to regulate commerce.
B)gives Congress full authority to regulate all areas of commerce.
C)is never applied in state regulation cases.
D)None of the above

Question 45

The police power of the states:

A)has no federal limitations.
B)can extend to interstate business.
C)has been severely curtailed in recent years.
D)None of the above

Question 46

Fewer than a dozen countries follow Islamic law in some way.

Question 47

In those areas in which federal laws and regulations are extensive and detailed, the likelihood is that the Supremacy Clause precludes state regulation.

Question 48

Which of the following sections of the U.S. Constitution establishes the judicial branch of government?

A)Article I
B)Article II
C)Article III
D)None of the above

Question 49

The Commerce Clause was the basis for federal authority for passing and enforcing the Civil Rights Act.

Question 50

The Bill of Rights applies to both federal and state actions.

Question 51

Which of the following is not a requirement for a valid state tax?

A)Tax cannot discriminate against interstate business.
B)Tax cannot apply to businesses in interstate commerce.
C)There must be a sufficient nexus between the state and the business being taxed.
D)None of the above

Question 52

The state of Montana, in response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:

A)a legitimate exercise of state powers.
B)an unconstitutional burden on interstate commerce.
C)constitutional because the statute applies only to intrastate lands.
D)constitutional because all buyers must be residents.

Question 53

The concept "Separation of Powers" means that the three branches of government work completely independently of each other.

Question 54

The US Constitution is made up of seven articles and ten amendments.

Question 55

Article I of the U.S. Constitution establishes the methods for electing members of the legislative branch of government.

Question 56

State regulation of property constitutes a taking for constitutional law purposes.

Question 57

Just compensation for eminent domain follows a precise mathematical formula that seldom varies.

Question 58

Which of the following is not a relevant issue examined in a preemption issue?

A)Legislative history
B)Level of detail in the federal regulation
C)Benefits of federal regulation
D)Degree of conflict
E)All of the above are relevant issues.

Question 59

Just compensation is:

A)a question of law.
B)a question of fact.
C)set at market value of the taking minus six months.
D)never allowed in states.

Question 60

The city of Mesa has developed a street improvement plan that will add lanes to one of the major north/south corridors. Because of the addition of the lanes, businesses along the corridor will lose frontage. However, none of the businesses will be required to move. Which of the following statements is true?

A)The city need not compensate the businesses since they will still remain intact.
B)The city must compensate the businesses for taking.
C)The city cannot take land for this purpose.
D)The city can attach "0" value to the frontage.

Question 61

Police power is:

A)the states' authority to bypass the Fifth Amendment.
B)the states' authority to conduct searches under the Fourth Amendment.
C)government agencies' authority to conduct a search of private property at any time.
D)the states' power to pass laws to promote public welfare and health and safety.

Question 62

Preemption is determined by examining the:

A)facts.
B)interpretations of the events.
C)legislative history.
D)All of these

Question 63

What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in Arizona to put on his/her seat belt?

A)Preemption clause
B)Police power
C)The nexus power
D)None of the above

Question 64

The Commerce Clause regulates:

A)interstate commerce.
B)foreign commerce.
C)intrastate commerce.
D)Both a and b

Question 65

The rights of land owners in eminent domain are protected by the:

A)First Amendment.
B)Fifth Amendment.
C)Fourteenth Amendment.
D)Fourth Amendment.

Question 66

Who is responsible for determining the extent and scope of the rights and protections in the U.S. Constitution?

A)Congress
B)The Supreme Court
C)The President
D)States

Question 67

A new statute passed by the state of Vermont prohibits the sale of any maple syrup not produced in Vermont anywhere in Vermont. The legislators maintain that the statute is for the health and welfare of Vermont residents because the state of Vermont regulates producers to ensure quality and sanitation standards. The new statute is:

A)constitutional as an exercise of the health and safety regulatory powers of the state.
B)constitutional as a control of intrastate commerce.
C)constitutional because it applies only to sales in the state.
D)unconstitutional because of its excessive approach.

Question 68

Under the Commerce Clause, the authority to regulate foreign commerce is given to:

A)Congress.
B)the executive branch.
C)the individual states.
D)only the Senate.

Question 69

Which of the following would not be a taking for purposes of eminent domain?

A)The condemnation of land for use in a low-income housing project
B)The requirement that beach-front land owners allow public access to the beach through their lots
C)The placement of a 4" × 6" cable box on the roof of an apartment building by a public cable firm
D)All of the above are takings.

Question 70

The purpose of the Supremacy Clause is to:

A)resolve conflicts of federal and state law by declaring the federal law supreme.
B)resolve conflicts of federal and state law by declaring state law supreme.
C)allow Congress to preempt all state regulation of interstate commerce.
D)None of the above

Question 71

Which of the following actions by a corporation would enjoy full First Amendment protection (i.e., could not be regulated)?

A)A media campaign by a tobacco company against a cigarette tax increase
B)A media campaign for soap that inaccurately labels the soap "hypoallergenic"
C)Advertising by an attorney that is misleading with respect to the fees charged for services
D)A mailing that contains offers for the sale of fraudulent securities

Question 72

The First Amendment:

A)does not afford protection for corporate political speech.
B)does not permit regulation of corporate advertising.
C)provides limited protection for corporate political speech.
D)is applied differently to commercial speech.
E)None of the above

Question 73

Corporate political speech:

A)enjoys full First Amendment protection.
B)can be regulated.
C)can be prohibited.
D)None of the above

Question 74

The balancing test is:

A)used in reviewing legislation of Congress that regulates interstate commerce.
B)used to review state legislation that regulates interstate commerce.
C)used to determine the balance of power among the three branches of government at the federal level.
D)the test used to determine Fourth Amendment violations.

Question 75

Substantive due process rights:

A)no longer exist.
B)have been changed to procedural due process rights.
C)are found in criminal procedure statutes.
D)prevent laws that take property without reason and justification.

Question 76

Which president is famous for his attempted court-packing plan over commerce issues?

A)Carter
B)Truman
C)Roosevelt
D)Jefferson

Question 77

The U.S. Constitution has:

A)ten amendments.
B)20 amendments.
C)27 amendments.
D)the Bill of Rights as its only amendments.

Question 78

Spiegel, Inc., has a catalog merchandise return facility in Nevada. Spiegel employs many phone operators for processing return requests, and merchandise is returned to the facility and stored there for later dispatch. The state of Nevada has proposed taxing Spiegel's full inventory based on the theory that it could have passed through the Nevada facility. Spiegel's main warehouse is in Chicago, Illinois. Nevada:

A)has the power to tax Spiegel's full inventory because of its location in the state.
B)has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way.
C)has properly apportioned its tax since it only applies to inventory and not income.
D)does not have the authority under the U.S. Constitution to tax Spiegel's full inventory.

Question 79

The state of Arizona has just passed a mandatory seat belt law that will require anyone traveling in Arizona to put on his/her seat belt. Several travelers from other states that do not have such seat belt laws have brought suit challenging the constitutionality of the Arizona law as an undue burden on interstate commerce. What test will the court apply in reviewing the statute?

A)The apportionment test
B)The impairment test
C)The balancing test
D)None of the above

Question 80

Which of the following is not a right protected in the Bill of Rights?

A)Noninterference with contracts
B)Freedom of speech
C)Right to privacy
D)Right to due process