Deck 4: The Constitution: Focus on Application to Business

Question 1

The most important part of the Constitution with respect to businesses is:

A)the money clause
B)the business clause
C)the trade clause
D)the mercantile clause
E)none of the other choices are correct

Answer 1

E

Question 2

The U.S.Constitution was ratified and became effective in:

A)1776
B)1781
C)1787
D)1789
E)1791

Answer 2

D

Question 3

George Washington presided over a convention at which the U.S.Constitution was drafted in which city?

A)Washington,D.C.
B)Richmond
C)Philadelphia
D)Baltimore
E)New York

Answer 3

C

Question 4

Which of the following statements is correct?

A)changed in the interpretation of the Constitution require amendments to it
B)there have been no amendments to the Constitution since the 1930s
C)all Constitutional rights are clearly spelled out in the document,there is no disagreement about those rights
D)the interpretation by the Supreme Court of the Constitution has not changed in 200 years
E)none of the other choices

Question 5

The most important part of the Constitution with respect to businesses is:

A)the commerce clause
B)the business clause
C)the trade clause
D)the mercantile clause
E)the money clause

Question 6

Many key parts of the Constitution are written:

A)as an allegory of the human struggle
B)in specific language granting rights to citizens
C)in highly specific language capable of one interpretation
D)in vague language with no specific rights enumerated
E)in language that can be interpreted in different ways

Question 7

An amendment to the Constitution may be approved to become effective by:

A)passing a majority vote in Congress and then passing 2/3 of state legislatures
B)passing 3/4 of the state legislatures after passing by a 2/3 vote in the Senate and House
C)passing 2/3 of the state legislatures after passing a majority vote in the Senate and House
D)passing 2/3 vote in the Senate and then signed by the President
E)none of the other choices

Question 8

In 1789 the U.S.Constitution became effective after:

A)it was ratified by 9 of the 13 original states
B)it was ratified by all of the 13 original states
C)it was drafted by the judicial branch
D)Thomas Jefferson signed it
E)George Washington wrote it

Question 9

Which of the following is NOT an Article of the Constitution:

A)composition and powers of Congress
B)selection and powers of the president
C)creation and powers of the federal judiciary
D)role of the states in the federal system
E)all of the other specific choices are Articles of the Constitution

Question 10

The first ten amendments of the U.S.Constitution are called:

A)the Constitutional Amendments
B)the Due Process Amendments
C)the Bill of Rights
D)the Articles of Confederation
E)the Declaration of Independence

Question 11

An amendment to the Constitution may be approved to become effective by:

A)a majority of state supreme courts to become effective
B)passing 3/4 of the state legislatures after passing by a 2/3 vote in the Senate and House
C)passing 2/3 of the state legislatures after passing by majority vote in the Senate and House
D)the President and 2/3 of the Senate
E)none of the other choices

Question 12

The Bill of Rights is the:

A)first 10 amendments of the U.S.Constitution
B)first 5 amendments of the U.S.Constitution
C)first amendment of the U.S.Constitution
D)the most recent 10 amendments of the U.S.Constitution
E)the first draft of the U.S.Constitution

Question 13

The Supreme Court has reversed itself on major constitutional issues over the years because:

A)the way the Supreme Court interprets the Constitution changes over time
B)there have been too many amendments to the Constitution since the 1930s
C)all Constitutional rights are clearly spelled out in the document,there is no disagreement about those rights
D)the original Constitution is no longer applicable
E)none of the other choices

Question 14

Which of the following statements is correct?

A)the way the Supreme Court interprets the Constitution changes over time
B)there have been no amendments to the Constitution since the 1930s
C)all Constitutional rights are clearly spelled out in the document,there is no disagreement about those rights
D)the interpretation by the Supreme Court of the Constitution has not changed in 200 years
E)none of the other choices

Question 15

An amendment to the Constitution may be approved to become effective by:

A)a majority of state supreme courts to become effective
B)passing 2/3 of the state legislatures after passing by a 2/3 vote in the Senate and House
C)passing 2/3 of the state legislatures after passing a majority vote in the Senate and House
D)the President and 2/3 of the Senate
E)none of the other choices

Question 16

In 1789:

A)9 of the 13 original states ratified the U.S.Constitution
B)all of the 13 original states ratified the U.S.Constitution
C)none of the 13 original states ratified the U.S.Constitution
D)George Washington wrote the U.S.Constitution
E)none of the other choices are correct

Question 17

The U.S.Constitution is composed of:

A)the preamble and seven Articles
B)the preamble and ten Articles
C)the preamble and three Articles
D)the preface and seven Articles
E)the introduction and three Articles

Question 18

The Constitution was amended almost immediately to ensure that there was:

A)adequate protection for individual rights
B)adequate tax laws
C)adequate protection for big businesses
D)adequate protection for small businesses
E)adequate protection for Supreme Court Justices

Question 19

In ____________ the U.S.Constitution was ratified and became effective.

A)1776
B)1781
C)1787
D)1789
E)1791

Question 20

Which of the following is NOT an Article of the Constitution:

A)composition and powers of Congress
B)selection and powers of the president
C)creation and powers of the federal judiciary
D)role of the taxpayers in balancing the budget
E)all of the other specific choices are Articles of the Constitution

Question 21

The most important part of the Constitution with respect to businesses is:

A)Article I,Section 9
B)Article I,Section 7
C)Article II,Section 8
D)Article II,Section 9
E)Article I,Section 8

Question 22

Taken together,the Necessary and Proper Clause and the Commerce Clause,provides justification for:

A)broad Congressional regulation of business
B)broad state government control of interstate commerce
C)presidential control of foreign trade
D)Senate control of trade negotiations
E)none of the other choices

Question 23

Taken together,the Necessary and Proper Clause and the Commerce Clause,provides justification for:

A)Supreme Court review of foreign trade regulations
B)broad state government control of interstate commerce
C)presidential control of foreign trade
D)Senate control of trade negotiations
E)none of the other choices

Question 24

In McCulloch v.Maryland,the Supreme Court held:

A)creation of a national bank was constitutional under the Necessary and Proper Clause
B)because banks were not mentioned in the Constitution they could not be created without amending the Constitution
C)Congress did not validly amend the Constitution before it created a national bank
D)National banks violated the Necessary and Proper Clause
E)none of the other choices

Question 25

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

A)Commerce Clause
B)Necessary and Proper Clause
C)Contract Clause
D)Takings Clause
E)Due Process Clause

Question 26

Sometimes the Supreme Court uses the necessary and proper clause to:

A)respond to new technological developments without requiring amendments to the Constitution
B)make judgments on cases of outdated technology
C)establish the need for new amendments to the Constitution in response to new technologies
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 27

In McCulloch v.Maryland,concerning a tax imposed by Maryland on a national bank,the Supreme Court held:

A)the tax to be non-discriminatory,and so constitutional
B)the taxation of banking was unconstitutional as an infringement on the money supply
C)the tax violated federal supremacy
D)the tax violated the Tenth Amendment
E)none of the other choices

Question 28

In McCulloch v.Maryland,the Supreme Court held:

A)the state of Maryland could not create a bank without federal government permission
B)because banks were not mentioned in the Constitution they could not be created without amending the Constitution
C)Congress did not validly amend the Constitution before it created a national bank
D)National banks violated the Necessary and Proper Clause
E)none of the other choices

Question 29

The commerce clause of the U.S.Constitution:

A)gives Congress power to regulate business
B)gives each state power to regulate commerce
C)gives the President the power to regulate commerce
D)was adopted by passage of the Third Amendment
E)none of the other choices

Question 30

In 1819 in McCulloch v.Maryland,the Supreme Court held:

A)the state of Maryland could tax its citizens
B)the state of Maryland could create its own toll roads
C)the state of Maryland did not violate the Supremacy Clause
D)the state of Maryland could not tax a national bank
E)none of the other choices

Question 31

In McCulloch v.Maryland,concerning a tax imposed by Maryland on a national bank,the Supreme Court held:

A)the tax to be non-discriminatory,and so constitutional
B)the taxation of banking was unconstitutional as an infringement on the money supply
C)the tax was legal only because Congress had approved such state taxation
D)the tax violated the Tenth Amendment
E)none of the other choices

Question 32

The commerce clause of the Constitution gives Congress the power to regulate trade:

A)with foreign nations but not trade among the states
B)among the states but not trade with foreign nations
C)among the states,so long as the states involved approve,and trade with foreign nations
D)only among U.S.citizens
E)none of the other choices

Question 33

The necessary and proper clause allows Congress to:

A)legislate on any matter
B)pass only laws necessary and proper to effectively implement the Commerce Clause
C)make all laws necessary and proper to carry out its constitutional powers
D)regulate all local,in-state activities
E)all of the other choices

Question 34

The commerce clause of the Constitution gives Congress the power to regulate trade:

A)with foreign nations but not trade among the states
B)among the states but not trade with foreign nations
C)among the states,so long as the states involved approve,and trade with foreign nations
D)with foreign nations and among the states
E)only by U.S.citizens

Question 35

The part of the Constitution that probably has the largest impact on business is knows as:

A)the Federal Supremacy Clause
B)the Equal Protection Clause
C)the Matters of Interest Clause
D)the Business Clause
E)the Commerce Clause

Question 36

One important constitutional issue resolved in the 1819 case of McCulloch v.Maryland was:

A)the inferiority of federal law to state law
B)the superiority of federal law to state law
C)the superiority of local law to state law
D)the superiority of international law to federal law
E)the equality of powers of the states and the federal government in regulating business

Question 37

The commerce clause of the U.S.Constitution:

A)gives Congress the authority to control the money supply
B)gives each state power to regulate commerce
C)gives the President the power to regulate commerce
D)was adopted by passage of the Third Amendment
E)none of the other choices

Question 38

The most important part of the Constitution with respect to businesses is:

A)Article I,Section 9
B)Article I,Section 7
C)Article II,Section 8
D)Article II,Section 9
E)none of the other choices are correct

Question 39

The ________________ clause of the Constitution give Congress the authority to make laws to carry out the powers granted to Congress in the Constitution.

A)commerce clause
B)contract clause
C)legislative clause
D)necessary and proper clause
E)due process clause

Question 40

In practice,the commerce clause of the Constitution:

A)has little effect on the operation of international trade
B)applies only to corporations
C)has no effect within individual states
D)has a significant effect on the operation of all businesses
E)is rarely used by Congress

Question 41

Postal authority is an example of:

A)an intrastate commerce
B)an area states may not regulate
C)an area each state regulates for itself
D)an area the state district court regulates
E)a private business

Question 42

In Katzenbach v.McClung,the Supreme Court held that Congress had,in passing the Civil Rights Act of 1964,used which basis for applying federal regulations to a small restaurant?

A)a rational basis
B)a strict scrutiny basis
C)a preponderance of the evidence basis
D)an indirect effects basis
E)a scintilla basis

Question 43

State regulations:

A)may contradict federal regulations
B)may be unwritten,but federal regulations must be written
C)may overrule federal regulations
D)may not contradict or reduce the standards imposed by federal law
E)may reduce the standards of federal regulations in certain cases

Question 44

If Congress imposes a regulation on business that is constitutional:

A)"local" businesses will be exempt
B)the part of the business in intrastate commerce is exempt
C)states may not enact similar laws that burden interstate commerce
D)states may enact similar laws even if they burden interstate commerce
E)none of the other choices are correct

Question 45

Wickard v.Filburn concerned the ability of Congress to impose controls on wheat growing,including a small farm that produced a small amount of wheat for use on the farm.This case shows how ______________:

A)Congress can regulate almost any form of commerce,even if the impact on interstate commerce is tiny
B)Congress cannot regulate almost any form of commerce,even if the impact on interstate commerce is tiny
C)Congress can regulate agriculture within a state if it concerns a basic food crop
D)Congress has special privileges for regulating wheat growing
E)none of the other choices are correct

Question 46

Katzenbach v.McClung involved a restaurant that served food to black customers only at take-out windows.White customers would be seated.The Department of Justice was able to successfully sue the restaurant for violation of the Civil Rights Act because:

A)the restaurant was in an area where segregation was legal
B)the restaurant owner was white
C)the restaurant owner was black
D)the restaurant bought more than half its food from outside the state
E)the restaurant only sold food to local people

Question 47

If Congress imposes a regulation on business,the states:

A)may not have any regulations in the same area of concern
B)may adopt regulations to replace the federal regulations,but they may only apply inside the borders of the state
C)usually may add rules that strengthen the impact of the federal rule inside the state
D)usually may pass rules that would reduce the effect of the federal rule inside the state,if justified by special local conditions
E)none of the other choices

Question 48

As held by Chief Justice Marshall in Gibbons v.Ogden,commerce among the states means:

A)interstate commerce
B)commerce within a single state
C)commerce with other countries
D)intrastate commerce
E)voluntary commerce

Question 49

If Congress imposes a regulation on business,the states:

A)may not have any regulations in the same area of concern
B)may adopt regulations to replace the federal regulations,but they may only apply inside the borders of the state
C)may impose stronger conditions on out-of-state businesses that come to the state than are imposed by the federal rules
D)usually may pass rules that would reduce the effect of the federal rule inside the state,if justified by special local conditions
E)none of the other choices

Question 50

Federal regulation ______________ state regulation.

A)is more detailed than
B)never takes precedence over
C)occasionally takes precedence over
D)is weaker than
E)none of the other choices are correct

Question 51

Katzenbach v.McClung involved a restaurant that served food to black customers only at take-out windows.White customers would be seated.The Department of Justice was able to successfully sue the restaurant for violation of the Civil Rights Act because:

A)the restaurant was in an area where segregation was legal
B)the restaurant owner was white
C)the restaurant owner was black
D)the restaurant only sold food to local people
E)none of the other choices are correct

Question 52

Federal regulation ______________ state regulation.

A)takes precedence over
B)never takes precedence over
C)occasionally takes precedence over
D)is weaker than
E)is more complicated than

Question 53

Sometimes states legislate on the same subject as Congress.If Congress passes a regulation:

A)states must abolish their regulations because state law cannot exist along with Federal law
B)federal regulation takes precedence over state laws that conflicts with the federal standards
C)state law has more power within the state as long as relevant actions occur in the state
D)the states are able to reduce the impact of the federal law by adding their own law to it
E)none of the other choices are correct

Question 54

Wickard v.Filburn concerned the ability of Congress to impose federal controls on wheat production,including a small farm that produced only 239 bushels of wheat,all for use on the farm.The Supreme Court held that the controls were:

A)unconstitutional since the matter agriculture is exempted from regulation
B)unconstitutional since such a small amount was "insufficient commerce," but the regulations could be written to apply to all active sellers in the wheat market
C)unconstitutional since all of the wheat was sold or used within the state
D)unconstitutional since none of the wheat was sold;all wheat was used on the farm
E)none of the other choices

Question 55

One important constitutional issue resolved in the 1819 case of McCulloch v.Maryland was:

A)the inferiority of federal law to state law
B)the superiority of local law to state law
C)the superiority of international law to federal law
D)the equality of powers of the states and the federal government in regulating business
E)none of the other choices

Question 56

There are limits on Congressional power to regulate commerce.Congress may not:

A)regulate trade among the states
B)regulate a business that has a de minimis effect on interstate commerce
C)impose a tax to regulate rather than raise revenue
D)regulate trade between state governments
E)none of the other choices are correct

Question 57

Katzenbach v.McClung involved a restaurant that served food to black customers only at take-out windows.White customers would be seated.The Supreme Court held that the:

A)business was not in violation of the Fourteenth Amendment because it was purely local
B)amount of commerce involved was so trivial that Congress had no power to regulate it
C)Civil Rights Act of 1964 was constitutional as it applied to public accommodations,due to the commerce clause
D)Necessary and Proper Clause does not extend to businesses that are entirely local
E)none of the other choices

Question 58

Katzenbach v.McClung involved a restaurant that served food to black customers only at take-out windows.White customers would be seated.The Supreme Court held that the:

A)business was not in violation of the Fourteenth Amendment because it was purely local
B)amount of commerce involved was so trivial that Congress had no power to regulate it
C)business could be regulated by the federal government under the Tenth Amendment
D)Necessary and Proper Clause does not extend to businesses that are entirely local
E)none of the other choices

Question 59

In Katzenbach v.McClung,the Supreme Court held that Congress had,in passing the Civil Rights Act of 1964,used which basis for applying federal regulations to a small restaurant?

A)a strict scrutiny basis
B)a preponderance of the evidence basis
C)an indirect effects basis
D)a scintilla basis
E)none of the other choices

Question 60

Wickard v.Filburn concerned the ability of Congress to impose controls on wheat growing,including a small farm that produced a small amount of wheat for use on the farm.The Supreme Court held that the controls were:

A)constitutional;while one farmer made no difference,all small farmers together could impact the wheat market
B)unconstitutional since such a small amount was "insufficient commerce," but the regulations could be written to apply to all active sellers in the wheat market
C)unconstitutional since all of the wheat was sold or used within the state
D)unconstitutional since none of the wheat was sold;all wheat was used on the farm
E)constitutional only to wheat actually sold in interstate commerce

Question 61

According to the Supreme Court,an Alabama law charging a special fee for hazardous waste imported into the state is an example of:

A)an unconstitutional law
B)a constitutional law
C)a business law
D)a justified law
E)a federal law

Question 62

States may pass regulations that:

A)are stricter than federal regulations
B)less strict than federal regulations
C)in contradiction to federal regulations
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 63

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court announced a test of constitutionality that did not include which provision:

A)whether another rule could be used to achieve the same purpose without discriminating against interstate commerce
B)whether the rule was evenhanded with only incidental effects on interstate commerce
C)whether the rule serves a legitimate local interest
D)the specific choices are all correct
E)none of the other choices are correct

Question 64

According to the Supreme Court,an Oklahoma law that required coal-burning power plants in the state to burn at least 10 percent Oklahoma-mined coal is an example of:

A)an unconstitutional law
B)a constitutional law
C)a business law
D)a justified law
E)a federal law

Question 65

According to the Supreme Court,a Maine law requiring companies shipping tobacco products into the state to confirm that recipients are of legal age is an example of:

A)an unconstitutional law
B)a constitutional law
C)a business law
D)a justified law
E)a federal law

Question 66

In Hughes v.Oklahoma,the Supreme Court applied which test regarding the constitutionality of a state law prohibiting the export of minnows?

A)a rational basis test
B)a gender-based test
C)an intermediate level test
D)a "nexus of the problem" test
E)none of the other choices

Question 67

Southern Pacific Co.v.Arizona concerned whether Arizona could,for safety considerations,
Require trains traveling through the state be a shorter length than trains traveling through other states.The Supreme Court justified striking down the Arizona law because:

A)because the law did not concern a legitimate state interest to improve transportation safety
B)because Congress had passed legislation dealing with the length of trains
C)because the law conflicted with federal standards
D)because the law interfered with interstate commerce
E)none of the other choices

Question 68

In Southern Pacific Co.v.Arizona,concerned whether Arizona could,for safety considerations,require trains traveling through the state be a shorter length than trains traveling through other states.The Supreme Court held the Arizona law was valid:

A)because it concerned a legitimate state interest to improve transportation safety
B)because Congress had not passed legislation dealing with the length of trains
C)because it did not conflict with federal standards
D)because it only applied to intrastate trains
E)none of the other choices

Question 69

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court held that the law was inconsistent with the basic principle that:

A)our legal unit is the Nation
B)our economic unit is the State
C)the State has ultimate authority
D)the Nation has ultimate authority
E)none of the other choices

Question 70

According to the Supreme Court,an Arizona law restricting the length of trains in the state is an example of:

A)an unconstitutional law
B)a constitutional law
C)a business law
D)a justified law
E)a federal law

Question 71

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court held:

A)Oklahoma has a paramount interest in preserving its natural resources,so the law stands
B)Oklahoma has no interest in preserving minnows,so the law fails
C)Oklahoma was improperly "taking property without compensation"
D)regulation of fish falls under the Fish and Wildlife Service,so Oklahoma preempted a federal law
E)Oklahoma was using a discriminatory method to achieve its conservation goals

Question 72

In Southern Pacific Co.v.Arizona,concerning whether Arizona could,for safety considerations,require trains traveling through the state be a shorter length than trains traveling through other states.The Supreme Court held the Arizona law was:

A)valid because it concerned a legitimate state interest to improve transportation safety
B)valid because Congress had not passed legislation dealing with the length of trains
C)valid because it did not conflict with federal standards
D)invalid because it impeded interstate commerce
E)none of the other choices

Question 73

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court announced a test of constitutionality that did not include which provision:

A)whether another rule could be used to achieve the same purpose without discriminating against interstate commerce
B)whether another rule would have a more beneficial impact on the state
C)whether the rule was evenhanded with only incidental effects on interstate commerce
D)whether the rule serves a legitimate local interest
E)all of the other choices were part of the rule announced

Question 74

In Hughes v.Oklahoma,the Supreme Court applied which test regarding the constitutionality of a state law prohibiting the export of minnows?

A)a rational basis test
B)a strict scrutiny test
C)a gender-based test
D)an intermediate level test
E)a "nexus of the problem" test

Question 75

Which of the following state statutes were not held to be unconstitutional:

A)an Oklahoma law requiring coal-burning plants to burn at least 10 percent Oklahoma coal
B)an Ohio law requiring employers to provide health insurance for employees
C)an Alabama law charging a special fee for hazardous waste imported into the state
D)an Arizona law restricting the length of trains in the state
E)all of the other choices were unconstitutional

Question 76

Postal authority is an example of:

A)an intrastate commerce
B)a private business
C)an area each state regulates for itself
D)an area the state district court regulates
E)none of the other choices are correct

Question 77

States may not copy federal regulations if:

A)the imitation promotes interstate commerce
B)the imitation promotes intrastate commerce
C)the imitation inhibits interstate commerce
D)the imitation inhibits intrastate commerce
E)none of the other choices are correct

Question 78

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court held that the law was inconsistent with the basic principle that:

A)our economic unit is the Nation
B)our economic unit is the State
C)the State has ultimate authority
D)the Nation has ultimate authority
E)none of the other choices

Question 79

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court held:

A)Oklahoma has a paramount interest in preserving its natural resources,so the law stands
B)Oklahoma has no interest in preserving minnows,so the law fails
C)Oklahoma violated the constitution by impermissibly burdening interstate commerce
D)regulation of fish falls under the Fish and Wildlife Service,so Oklahoma preempted a federal law
E)none of the other choices

Question 80

In Hughes v.Oklahoma,Oklahoma law forbid the export of natural minnows,to help protect the state's natural resources.When this law was challenged,the Supreme Court held:

A)Oklahoma has a paramount interest in preserving its natural resources,so the law stands
B)Oklahoma has no interest in preserving minnows,so the law fails
C)Oklahoma was improperly "taking property without compensation"
D)regulation of fish falls under the Fish and Wildlife Service,so Oklahoma preempted a federal law
E)none of the other choices