Deck 3: Business and the Constitution

Question 1

The Affordable Care Act of 2010 was determined to exceed Congress's power to regulate commerce with the "individual mandate" clause.

Answer 1

True

Question 2

The constitutional right of the federal government to protect its citizenry's health, safety and welfare is referred to as the federal government's police powers.

Answer 2

False

Question 3

The ratification of the 14^th Amendment to the Constitution extended the Bill of Rights from only application on the federal government to the states and local government as well.

Answer 3

True

Question 4

The 4^th Amendment protects against all searches and seizures by the government when the government's actions are not supported by a warrant.

Question 5

The U.S. Constitution has been amended annually to reflect the current societal trends.

Question 6

Originalism is a theory of Constitutional interpretation is founded on the concept that the words are fixed and stable.

Question 7

The first step of amending the Constitution is to have the general citizens of the United States vote in a popular vote.

Question 8

Article II of the U.S. Constitution established which branch of the government?

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

Question 9

Which statement is correct?

A) The Constitution has three Articles and the Bill of Rights
B) The judicial branch was established by Article III
C) Article IV of the Constitution establishes the electoral college
D) The Constitution was last amended in 2017

Question 10

The Federal government, headquartered in Washington D.C. and each state government spread out throughout the country regionally is an example of

A) Republicism
B) Constitutionalism
C) Federalism
D) Diversity

Question 11

Gabrielle looks at her paycheck and is shocked to see so many deductions from it. She notes that she is taxed on her income by both the federal government and her state government, Illinois. She questions whether this is legal! Which statement is correct?

A) Yes as long as the total of taxes does not exceed 50% of one's base pay.
B) Yes the power to tax is a concurrent power held by both the federal and state governments.
C) Yes the Constitution allows for the government to tax its citizens as much as it wants to fund any programs either level of the government deems worthy.
D) Yes since American citizen voted to approve dual taxation provisions of the constitution.

Question 12

The state of Hawaii, fearing an attack by North Korea, decides to declare war preemptively on North Korea. Does Hawaii have the power to do this?

A) No the power to declare war is exclusively held by the federal government.
B) Yes since Hawaii became a state in the United States long after the Constitution was written it is therefore, not bound by the limitations placed on state governments.
C) Yes as long as Hawaii is able to support their war efforts without the aid of the federal government.
D) Yes the power to declare war is a concurrent power.

Question 13

The theory behind the system of checks and balances is

A) The federal government is required to ensure that their annual budget is balanced at the end of each fiscal year and checked twice.
B) The federal government must balance the interests of each of the states to ensure fairness.
C) Each branch of the government can use its power to monitor the other branches.
D) Law passed by the federal government must be checked by each branch of the government and authorized before it becomes a law.

Question 14

Which document stated "ambition must be made to counteract ambition"which acknowledged that no branch of the government has a monopoly on power?

A) The Declaration of Power
B) The U.S. Constitution
C) The Bill of Rights
D) The Federalist Paper No. 51

Question 15

Congress passes a law which creates a procedure for an individual to make a claim of a Patent violation. The ability to make this law is allowed under

A) The Full Faith and Credit clause
B) The Necessary and Proper clause
C) The Equal Protection clause
D) The Commerce Clause

Question 16

In 2019 Illinois passes a law which will require inspection of any public places to determine if the paint used on the walls contains lead. Illinois will charge the paint manufacturer of the paint used with a crime if the finds lead in the paint. This is an example of

A) A bill of attainder
B) An enumerated law
C) An ex post facto law
D) An equitable law

Question 17

Ex post facto laws

A) Are unconstitutional
B) Are constitutional if they serve a substantial governmental interest
C) Are constitutional if they do not have a discriminatory purpose
D) Are unconstitutional as they violate Article IV of the Constitution

Question 18

The legal authority of a court to decide a specific case is

A) Judicial review
B) Preemption
C) Jurisdiction
D) Substantive

Question 19

Marbury v. Madison

A) Extended the Bill of Rights protections to the states
B) Declared that the U.S. Constitution was the supreme law of the land
C) Established the theory of stare decisis
D) Stands for the proposition that the Constitution is the supreme law of the land

Question 20

New Mexico passed a law banning private ownership of any guns within its state which is directly in violation of the Second Amendment of the Constitution. Which statement is correct?

A) The law will stand if New Mexico can prove a substantial governmental interest
B) The law will be struck down as it violates the powers given to the federal government under the Commerce Clause
C) The law will be invalidated because it is inconsistent with the Constitution
D) The law will stand as long as it is not inconsistent with the New Mexico constitution

Question 21

According to the Commerce Clause the federal government has the power to regulate

A) All commerce
B) Interstate commerce
C) Intrastate commerce
D) Federal commerce

Question 22

Myra owns a peach farm. When the peaches are harvested she makes peach jam and sells them at her roadside stand to those who drive by. Recently she posted on Facebook about her peach jam and she noticed her sales increasing. Can the federal government regulate her farm according under the Commerce Clause?

A) No because since she grows her own peaches, makes her peach jam and sells her peach jam all within one state, it is not interstate commerce as she is not directly selling jam across state line.
B) No because the Commerce Clause specifically excludes agricultural businesses.
C) Yes if the court determines that her actions have a substantial economic effect on interstate commerce can be regulated.
D) Yes because once someone posts on social media it automatically makes it interstate commerce.

Question 23

In an attempt to increase the demand for Michigan made wine instead of wine produced in other states, Michigan passes a law requiring all wine imported into Michigan from other state to undergo an inspection which adds about 30% to the cost of the wine. Therefore, wine from other states is significantly more expensive than Michigan made wine. The law

A) Is authorized because states have the right to ensure the quality of the products for its citizens.
B) Is authorized because Michigan has a substantial government interest in helping its citizens' businesses succeed.
C) Would be struck down because it is inconsistent with a fundamental right guaranteed under the Bill of Rights.
D) Would be struck down because the inspection fee unduly burdens interstate commerce.

Question 24

The 14^th Amendment extension of the application of the Bill of Rights to state and local government in addition to the federal government is called

A) Indoctrination
B) Incorporation
C) Inclusion
D) Induction

Question 25

In Brandenburg v. Ohio, according to the First Amendment, freedom of speech, the court ruled that inflammatory speech or hate speech

A) Is not protected
B) Is protected
C) Is protected unless it seeks to imminently incite lawless actions
D) Is not protected if someone is offended

Question 26

The police were issued a search warrant to find a full-size tractor that was stolen. In executing the search warrant, the police find crack cocaine in the person's nightstand drawer. Will the police be able to use the crack cocaine as evidence?

A) Yes because it is relevant to establish criminal history
B) Yes as a warrant allows the police to search the entire premises
C) No because warrants do not allow searches
D) No because they obviously exceeded the scope of the warrant

Question 27

Another term for "the exclusionary rule" is

A) The Fruit of the Poisonous Tree doctrine
B) The Birds of a Feather doctrine
C) The Selfish doctrine
D) The Strict Scrutiny doctrine

Question 28

In general, a search occurs when the government has invaded a person's

A) Home, car and workspace
B) Reasonable expectation of privacy
C) Desire to keep private
D) Personal property

Question 29

The police, while patrolling a neighborhood, observe and hear a lot of loud noises coming from a house. They walk up to the house and knock on the front door. The homeowner opens the door allowing the police officer to see into the house and the meth lab setting in the front room. Which statement below is incorrect?

A) The evidence would be admissible under the plain-view doctrine
B) The evidence would be admissible under the theory of consent
C) The evidence would be admissible under the theory of implied warrant
D) The evidence would be admissible under the Constitution

Question 30

The federal government needs to build an additional exit from an interstate which would cut right through Farmer Herb's land. Therefore the government would use __________ to take the land from for their project.

A) Supremacy clause
B) Double jeopardy
C) Due process
D) Eminent domain

Question 31

When the federal government exercises its power of eminent domain,

A) They take the property for free
B) They must obtain the consent of the property owner
C) They must pay just compensation to the property owner
D) They must only use the property for a government project

Question 32

Does due process protections apply to corporation?

A) No because corporations are not real people
B) No because due process does not apply to entities that make a profit
C) Yes because corporations are considered "legal persons"
D) Yes because if corporations pay taxes

Question 33

The federal government passes a law which states it is a crime to allow children access to objectionable material on the internet. Under what theory might this statute's constitutionality be challenged?

A) Vagueness
B) Ex post facto law
C) Separation of powers
D) Equal protection

Question 34

The process by which two-thirds of the legislatures of the states make a proposal to amend the Constitution is called

A) Articles of Confederation
B) Constitution Convention
C) Ratification Convention
D) Substantive Due Process

Question 35

In the second step of Constitutional amendments, the ratification process requires

A) At least three-fourths of each state's legislatures approve
B) The judicial branch to weigh the value of each state's vote by population
C) The judicial branch to weigh the value of each state's vote by length in the Union
D) At least three-fourths of the citizens of each state approve

Question 36

The opinion that the Constitution should be based upon what people at the time of when the Constitution was created believed the text to mean is

A) Living Constitution
B) Plain meaning rule
C) Parol evidence rule
D) Original meaning theory

Question 37

According to which theory would the definition of "speech" include a Facebook post?

A) Original intent
B) Original meaning
C) Living Constitution
D) Adaptive Constitution

Question 38

Which theory of constitutional interpretation would allow space exploration and aviation to be a function of the federal government because the Constitution specifically delegates the right to create and army and navy to the federal government?

A) Original intent
B) Original theory
C) Living Constitution
D) Adaptable Constitution

Question 39

Which theory of constitutional interpretation asserts that the meaning of the words of the Constitution are fixed and judges cannot change the meaning of the text until the Constitution is formally amended is called

A) Originalism
B) Historical theory
C) Living Constitution
D) Adaptable Constitution

Question 40

"Judicial activism" is most closely aligned with which theory of Constitutional interpretation?

A) Original intent
B) Original theory
C) Living Constitution
D) Adaptable Constitution

Question 41

Explain the two theories of constitutional interpretation, Originalism and Living Constitution. Which theory do you agree with most? Explain your reasoning.