Deck 3: Business and the Constitution

Question 1

The Contract Clause applies only to state laws that impair past contracts-contracts made before passage of the state law in question.

Answer 1

True
Explanation: The Contract Clause deals with state laws that change the parties' performance obligations under an existing contract after that contract has been made.

Question 2

Federal restrictions that forbid beer producers from listing the alcohol content of their beer on product labels are unconstitutional.

Answer 2

True
Explanation: In Coors v.Rubin (1995),the Supreme Court struck down federal restrictions that kept beer producers from listing the alcohol content of their beer on product labels.

Question 3

Federal legislation may be found to be constitutional even if it is not based on a power specifically stated in the Constitution.

Answer 3

False
Explanation: Federal legislation cannot be constitutional if it is not based on a power specifically stated in the Constitution.

Question 4

The Fourteenth Amendment's equal protection guarantee has been made applicable to federal government action through incorporation of it within the Fifth Amendment's Due Process Clause.

Question 5

The First Amendment prohibits state regulation of deceptive commercial advertising.

Question 6

Article III of the Constitution determines the types of cases the federal courts may decide.

Question 7

Today,social and economic regulations generally receive rational basis review when they are challenged on the grounds of equal protection.

Question 8

As evidenced by National Federation of Independent Business v.Sebelius,the case in the text,Congress's taxing power is seen as very narrow.

Question 9

Judges sometimes may be reluctant to declare statutes unconstitutional because they are wary of power struggles with a more representative body such as Congress.

Question 10

Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech.

Question 11

The exercise of the power of judicial review depends on the court's reading of the Constitution.

Question 12

The constitutional right of privacy includes various rights that the Supreme Court has declared as fundamental for citizens and families.

Question 13

The Takings Clause comes from the Fifth Amendment of the Constitution.

Question 14

Article V of the Constitution makes the Constitution,laws,and treaties of the United States supreme over state law.

Question 15

The Commerce Clause limits the states' ability to discriminate against interstate commerce.

Question 16

Congress cannot invalidate state laws that are passed pursuant to the state's police power.

Question 17

If a state law discriminates against interstate commerce,then the strictest scrutiny will be applied in the determination of its constitutionality.

Question 18

The "ends" component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right.

Question 19

Government action that discriminates on the basis of illegitimacy receives full strict scrutiny.

Question 20

Today,discrimination on the basis of gender receives full strict scrutiny compared to discrimination on the basis of race,which receives intermediate scrutiny.

Question 21

The sex discrimination test is an example of the:

A)rational basis test.
B)intermediate scrutiny.
C)full strict scrutiny test.
D)due process test.

Question 22

The Supreme Court judicially created a means-ends test because:

A)individual rights must be protected at any cost.
B)the correct procedure of law has to be followed.
C)no constitutional right is absolute.
D)the conduct of public officials must be scrutinized.

Question 23

Which of the following prevents the federal government from depriving "any person of life,liberty,or property,without due process of law"?

A)First Amendment
B)Fifth Amendment
C)Fourteenth Amendment
D)Fifteenth Amendment

Question 24

Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional?

A)Judicial review
B)Federal supremacy
C)Federalism
D)Separation of powers

Question 25

The ________ requirement ensures that most of the Constitution's individual rights provisions block only the actions of government bodies,and not private bodies,in cases of violation of rights.

A)independent checks
B)due process
C)state action
D)federal supremacy

Question 26

Which of the following augments the powers of Congress by permitting it to enact laws that are useful or conducive to the exercise of those enumerated powers?

A)The Commerce Clause
B)The taxing power
C)The spending power
D)The Necessary and Proper Clause

Question 27

The ________ is a very relaxed means-ends test of constitutionality that challenged laws usually pass with ease.

A)rational basis test
B)intermediate scrutiny
C)due process test
D)full strict scrutiny

Question 28

"The challenged law must be necessary to the fulfillment of a compelling government purpose." This describes:

A)the rational basis test.
B)intermediate scrutiny.
C)the full strict scrutiny test.
D)the still-controlling test.

Question 29

The U.S.Constitution provides distinct powers to Congress,the President,and the federal courts.This is the principle of:

A)separation of powers.
B)federal supremacy.
C)judicial review.
D)due process of law.

Question 30

What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution?

A)To generate federal revenue
B)To establish federal supremacy
C)To block protectionist state restrictions on interstate trade
D)To enable a transition to a unitary system

Question 31

What is the main purpose of the taxing power?

A)To enact healthcare reform law.
B)To regulate grants to the states.
C)To regulate interstate commerce.
D)To raise revenue for the federal government.

Question 32

Which of the following is an important state legislative power that works concurrently with many congressional powers?

A)Enumerated power
B)Police power
C)Independent checks
D)Taxing power

Question 33

Which of the following is true of the Commerce Clause in present times?

A)It has become a federal power with an extensive regulatory reach.
B)It no longer blocks state regulations that hinder interstate commerce.
C)It has been preempted by the federal taxing and spending powers.
D)It allows Congress to regulate interstate commerce but not intrastate activities affecting it.

Question 34

Enumerated powers are those powers that ________ can exercise.

A)states
B)Congress
C)U)S.Supreme Court
D)trial courts

Question 35

Both Congress and state legislatures can make laws within areas covered under their concurrent powers,unless Congress preempts state regulation under the:

A)Supremacy Clause.
B)Takings Clause.
C)"checks and balances" system.
D)Regulatory Clause.

Question 36

The ________ Amendment says that no state shall "deny to any person ...the equal protection of the laws."

A)Fifth
B)Tenth
C)Fourteenth
D)Sixteenth

Question 37

________ enumerates the principle of federal supremacy.

A)Article III
B)Article IV
C)Article V
D)Article VI

Question 38

Congress has the power to regulate commerce among the states.Pursuant to this power,Congress passed legislation forbidding women from crossing state lines to buy or sell goods.Will the statute be held constitutional?

A)Yes,because Congress has the power to regulate interstate commerce.
B)Yes,because Congress has not exceeded its enumerated power in enacting the legislation.
C)No,because it conflicts with the equal protection guarantee.
D)Yes,because federal laws are always superior.

Question 39

Which of the following gives the President executive power?

A)Congress
B)The Supreme Court
C)The U.S.Constitution
D)State legislatures

Question 40

The Commerce Clause has become a federal power with an extensive regulatory reach.This is largely due to judicial decisions regulating:

A)the channels of interstate commerce.
B)and protecting the instrumentalities of interstate commerce.
C)persons or things in interstate commerce.
D)activities that substantially affect interstate commerce.

Question 41

When is a corporation entitled to full First Amendment protection?

A)When it engages in artistic speech.
B)When it works for the public good.
C)When it aids in promoting federal power.
D)When it engages in political speech.

Question 42

Under the Takings Clause,a "taking":

A)occurs when the government uses formal eminent domain procedures to condemn private property.
B)can only be of land,and not of other kinds of property.
C)cannot occur through government regulation that merely diminishes the value of private property.
D)cannot occur by simply an invasion of private property.

Question 43

The equal protection standard is generally judged in a lenient manner.However,laws that discriminate regarding ________ are made to undergo a much more rigorous test.

A)education
B)profession
C)race
D)age

Question 44

Which of the following is true of noncommercial speech?

A)It does not cover political speech.
B)Books,musical works,and journal articles are classified as noncommercial speech,but are not fully protected due to the existence of an underlying profit motive.
C)It receives the full benefit of the First Amendment protection.
D)Any kind of corporate speech is classified as noncommercial speech.

Question 45

Which of the following is true of the Contract Clause?

A)It applies to laws that impair contracts made after the law's passage.
B)It imposes tougher standards on government contracts than on private contracts.
C)It does not apply to government contracts.
D)It has gradually increased in importance from the 19th century to the 20th century.

Question 46

The First Amendment provides that "Congress shall make no law … abridging the freedom of speech." What is often described as being at the "core" of the First Amendment?

A)Commercial speech
B)Artistic speech
C)Advertisements
D)Political speech

Question 47

Which of the following would receive stricter scrutiny?

A)Right to own a business
B)Right of teenagers to congregate
C)Classifications based on gender
D)Right to advertise

Question 48

Which of the following has NOT been categorized as a suspect class?

A)Race and national origin
B)Alienage
C)Sexual orientation
D)Illegitimacy

Question 49

Which of the following is also known as the "dormant" Commerce Clause?

A)Power of Congress to regulate interstate commerce.
B)Power of Congress to regulate instrumentalities of interstate commerce.
C)Limits on the states' ability to burden interstate commerce.
D)Limits on Congress to burden states with taxes.

Question 50

In the context of commercial speech,the Supreme Court developed the ________ test,which amounts to intermediate scrutiny.

A)means-ends
B)still-controlling
C)proximate cause
D)rational basis

Question 51

Which of the following characterizes procedural due process?

A)The procedures are clearly set forth in the Constitution.
B)It entitles one to a fair hearing before action is taken.
C)It challenges rules that set standards of behavior for organized social life.
D)It does not require adequate notice to be given before action.

Question 52

Which of the following is generally subject to a rational basis review?

A)Regulation of political speech that is challenged under the First Amendment.
B)Regulation of commercial speech that is challenged under the First Amendment.
C)Laws that discriminate on the basis of illegitimacy.
D)Laws that regulate social and economic matters.

Question 53

The central question in most federal preemption cases is:

A)the intent of Congress.
B)whether the federal law is supreme.
C)whether due process was afforded.
D)the application of the doctrine of judicial review.

Question 54

Federal regulation is considered to be officially "pervasive" when:

A)Congress has given an administrative agency broad regulatory power in a particular area.
B)there is literal conflict between the measures by different states.
C)the state regulation is an obstacle to federal regulations.
D)there is a conflict regarding a federal issue between private citizens.

Question 55

The right to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of:

A)substantive due process.
B)equal protection.
C)procedural due process.
D)economic due process.

Question 56

Which of the following is a characteristic of the "Takings Clause"?

A)It includes issues of property as well as the sale of goods.
B)It protects the public from government intrusion onto their property.
C)Private property can be taken for public use,without any reparation.
D)The property owner must receive just compensation.

Question 57

Which of the following statements regarding commercial speech is true?

A)It enjoys the same First Amendment protection as political expression.
B)It is not protected if it misleads or seeks to promote an illegal activity.
C)It receives rational basis protection,if it is not misleading.
D)Movies,television programs,and magazine articles are normally classified as commercial speech and are thus fully protected.

Question 58

Which of the following is applied to the equal protection standard?

A)The due process test
B)The still-controlling test
C)The proximate cause test
D)The rational basis test

Question 59

Which of the following independent checks blocks only state laws and not federal laws?

A)Equal protection
B)The First Amendment
C)Federal preemption
D)Due process

Question 60

In general,which of the following is least likely to unconstitutionally burden interstate commerce?

A)A state law requiring that all state vehicles burn gasoline produced and refined within the state.
B)A state law imposing tougher purity standards on food imported from out of state than from food produced within the state.
C)A state law requiring in-state liquor distillers to post the prices at which they will sell within the state,and not to exceed those prices when they sell in other states.
D)A state tax on gasoline that makes it more expensive for trucking companies to route their trucks through the state.

Question 61

The Tenth Amendment provides that those powers the Constitution neither gives to the federal government nor denies to the states are reserved to the states or the people.This is an example of:

A)checks and balances.
B)federalism.
C)federal supremacy.
D)separation of powers.

Question 62

Which of the following are limits put in place by the Constitution limiting both state and federal power?

A)Federalism
B)Independent checks
C)Checks and balances
D)Separation of powers

Question 63

The case in the text,National Federation of Independent Business v.Sebelius,is an example of a case where the U.S.Supreme Court analyzed the limitations of Congress's:

A)spending power.
B)use of the takings clause.
C)use of the Necessary and Proper clause.
D)police power.

Question 64

Which of the following is a broad state power to regulate for the public health,safety,morals,and welfare?

A)Enumerated power
B)Police power
C)Independent checks
D)Taxing power

Question 65

Which of the following is a fundamental principal of American government,guaranteed by the Constitution,whereby each branch has some measure of influence over the other branches and may choose to block procedures of the other branches?

A)Separation of powers
B)Due process
C)Checks and balances
D)Judicial review

Question 66

Which of the following can Congress use to encourage states to take certain actions and thereby advance specific regulatory ends?

A)Enumerated power
B)Spending power
C)Necessary and proper clause
D)Taxing power

Question 67

In the context of determining whether a state law impermissibly burdens interstate commerce,discrimination is ________ when state laws treat local and interstate commerce unequally on their face.

A)implied
B)inherent
C)express
D)indirect

Question 68

Which of the following is a governmental power whereby the government can take or condemn private property for a public purpose on the payment of just compensation?

A)Eminent domain
B)Police power
C)Spending power
D)Enumerated power

Question 69

Which of the following is a characteristic of government that vests the executive,legislative,and judicial powers in separate bodies?

A)Separation of powers
B)Federal supremacy
C)Judicial review
D)Checks and balances

Question 70

Which of the following is not one of the reasons why federal preemption of a state law generally occurs?

A)There is a literal conflict between the state and federal measures,so that it is impossible to follow both simultaneously.
B)The federal law specifically states that it will preempt state regulation in certain areas.
C)The federal law was enacted before the state law.
D)The federal regulation is persuasive.

Question 71

Which of the following is not one of the main constitutional bases for the extensive federal social and economic regulation that exists today?

A)Congressional power to regulate commerce among the states
B)Congressional power to lay and collect taxes
C)Congressional power to coin and borrow money
D)Congressional power to spend for the general welfare

Question 72

Which of the following statements about Article I of the Constitution is false?

A)Article I establishes a Congress composed of a Senate and a House of Representatives.
B)Article I gives Congress sole power to legislate at the federal level.
C)Article I sets out rules for the enactment of legislation.
D)Article I gives the judicial power of the United States to the Supreme Court and other federal courts later established by Congress.

Question 73

Which of the following statements about Congress's taxing power is true?

A)The taxing power may serve as a regulatory device.
B)The main purpose of the taxing power is to recoup loses spent on federal assistance programs.
C)Today,the taxing power is seen as very narrow.
D)The taxing power is granted in Article II of the Constitution.

Question 74

Which of the following has become the Constitution's main "amender" through its many interpretations of constitutional provisions?

A)U)S.Supreme Court
B)Attorney General
C)Executive branch
D)Congress

Question 75

________ sets forth the procedures for amending the Constitution,which has been amended ________ times.

A)Article V;27
B)Article IV;10
C)Article II;27
D)Article III;10

Question 76

Which of the following are specific powers granted to Congress as outlined in Article,I,Section 8 of the Constitution?

A)Police powers
B)Enumerated powers
C)Separation of powers
D)Checks and balances

Question 77

________ of the Constitution gives the President the power to execute or enforce the laws passed by Congress.

A)Article III
B)Article IV
C)Article V
D)Article II

Question 78

Today,the ________ are the main limitations on congressional power.

A)enumerated powers
B)police powers
C)separation of powers
D)independent checks

Question 79

Supreme Court decisions interpreting the Commerce Clause have held that it sets up three categories of actions in which Congress may engage.Which of the following is not one of those categories?

A)Regulating the channels of interstate commerce
B)Regulating and protecting the instrumentalities of interstate commerce,as well as persons or things in interstate commerce
C)Regulating activities that substantially affect interstate commerce
D)Regulating substantial intrastate commerce,regardless of whether it affected interstate commerce

Question 80

Which of the following describes the ability of federal laws to defeat inconsistent state laws in case they conflict?

A)Federal supremacy
B)Separation of powers
C)Federalism
D)Checks and balances