Deck 4: Business and the Constitution

Question 1

The power of the states to regulate is:

A)exclusive in the domain of intrastate commerce.
B)nonexistent over matters that affect interstate commerce.
C)limited only by its own state constitution.
D)exclusive in the domain of interstate commerce.

Answer 1

A
Explanation: State governments have very broad powers.They have the power to tax,to own and operate businesses,and to take private property for public purposes by the power of eminent domain.The states retain the exclusive power to regulate intrastate commerce-economic activities that have no significant effect on commerce outside their own borders.

Question 2

The Fifth Amendment Due Process Clause prohibits the federal government from depriving any person "of life,liberty,or property,without due process of law."

Answer 2

True

Question 3

Independent agencies are a part of the executive branch of the government and are under the control of the president.

Answer 3

False

Question 4

According to the Fifth and Fourteenth Amendments,the government can take real and personal property for public use without compensating private property owners.

Question 5

The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:

A)limiting the states from furthering only state interests.
B)limiting a state's ability to tax vendors.
C)prohibiting state legislation that unduly burdens intrastate commerce.
D)prohibiting state laws that openly discriminate against interstate commerce.

Question 6

The case-by-case approach followed by the courts to resolve complex problems are always considered to be better in comparison with the procedures followed by administrative agencies.

Question 7

The zoning ordinances enacted by many cities and counties that cause limited interference with a landowner's use of the property is an example of taking.

Question 8

The "dormant" Commerce Clause requires that any state law regulating interstate commerce must further a legitimate state interest.

Question 9

State power is restricted by:

A)procedural due process clause.
B)the Commerce Clause of the U.S.Constitution.
C)the equal protection clause.
D)due process and equal protection scrutiny.

Question 10

The federal government has the exclusive right to regulate all _____ of the United States.

A)intrastate commerce
B)domestic commerce
C)private and government action
D)foreign commerce

Question 11

When the government restricts the exercise of a fundamental right,like speech,courts evaluate the restriction using rational basis analysis.

Question 12

Courts generally do not substitute their judgment for that of administrative agencies,even if they believe it to be unwise.

Question 13

When regulatory programs interfere with the exercise of individual rights,they are subject only to a procedural due process challenge.

Question 14

With the increase in federal regulation that followed the Civil war,the courts tended to focus on the Commerce Clause as a limitation on the federal government's power to regulate business.

Question 15

Substantive due process means that the government must accomplish its objectives only by the use of fair procedures,such as reasonable notice and the right to a hearing before an impartial tribunal.

Question 16

Intermediate scrutiny is an extremely lenient level of scrutiny that presumes the regulation is constitutional.

Question 17

The Commerce Clause of the U.S.Constitution gives states exclusive power to regulate interstate commerce (commerce among the states).

Question 18

Commercial speech,such as advertising,enjoys no First Amendment protection.

Question 19

The Food and Drug Administration is an example of an independent agency.

Question 20

If the U.S.Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law which conflicts with the federal law,Kentucky's law is said to be:

A)impliedly preempted.
B)void-for-vagueness.
C)expressly preempted.
D)prevailing.

Question 21

Mr.Gregg has made an inflammatory speech denouncing the action of the government in the recent war.The government can restrict his speech through regulation:

A)under the Fifth Amendment.
B)if it is the least intrusive means to promote the government's interests.
C)if it is not forcefully furthering government interest.
D)if it is a part of the due process of law.

Question 22

Which of the following likely would disqualify the definition of "public use" under the government's power of eminent domain?

A)Seizure of private land by the government to build a new city hall.
B)Seizure of private land to sell it to a private developer who aims to make profit from it.
C)Seizure of private land by the government to build a public road.
D)Seizure of private land by the government to build a mall for the public.

Question 23

Under strict scrutiny analysis,to demonstrate that a government action is constitutional,the government must demonstrate that:

A)its action bears a rational relationship to its desired end.
B)it is pursuing a compelling government interest.
C)it is pursuing a governmental end in the most intrusive manner.
D)there is no restriction on commercial speech.

Question 24

Which of the following is a feature of the Fourteenth Amendment to the U.S.Constitution?

A)It does not contain the substantial due process clause.
B)It prohibits any state from arbitrarily discriminating against persons.
C)It applies only to the federal government.
D)It does not contain the procedural due process clause.

Question 25

Administrative agencies:

A)rarely have both the power to issue regulations and the power to investigate when such regulations have been violated.
B)may make regulations that are advisory in nature,but cannot make regulations that have the force of law.
C)are,in theory,part of the executive branch of government,but they may also perform legislative and judicial functions.
D)are,in theory,part of the judicial branch of government,but they may also perform legislative and executive functions.

Question 26

After a series of some advertisements of beer and other alcoholic drinks,the government decided to regulate commercial speech.If the courts analyze this regulation,they will:

A)use strict scrutiny analysis.
B)search for truth in the speech.
C)seek compelling government interest.
D)see that the government advances its interests in an extensive manner.

Question 27

Strict scrutiny:

A)is the analysis employed by the court in a case involving commercial speech.
B)is the analysis employed by the court in deciding an equal protection case involving discrimination on the basis of race.
C)is a test of constitutionality that is satisfied if the challenged government action bore a reasonable relation to a legitimate government purpose.
D)is the analysis employed by the court when suspect classifications are not in question.

Question 28

One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must:

A)not further a legitimate local interest.
B)not discriminate in favor of local interests and against out-of-state interests.
C)allow only direct,not incidental,regulation of interstate commerce.
D)impose costs on interstate commerce that are more excessive than necessary to bring about the state interests.

Question 29

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

A)The Fifth Amendment Due Process Clause
B)The Commerce Clause
C)The Fourteenth Amendment Due Process Clause
D)The Seventh Amendment

Question 30

The primary components of the Takings Clause are:

A)a compelling government purpose; conditional compensation.
B)a taking; for a public purpose; the private property owner is entitled to just compensation.
C)a taking; justified by the supremacy clause; compensation rarely required.
D)a taking for eliminating urban blight,with minimal compensation.

Question 31

Under the Equal Protection Clause:

A)the government must treat all cases alike.
B)states are prohibited from arbitrarily discriminating against persons.
C)states are prohibited from discriminating only on the basis of nationality.
D)the government can uphold restrictions on property.

Question 32

If the governmental action has a reasonable relationship to the achievement of a legitimate purpose,it is declared constitutional under:

A)strict scrutiny analysis.
B)intermediate scrutiny analysis.
C)rational basis analysis.
D)suspect classifications.

Question 33

In the case of a taking,just compensation is defined as:

A)the fair market value of the property plus its sentimental value.
B)the current fair market value plus any expected future value from the taking.
C)the current fair market value of the property involved in the taking.
D)the fair market value of the property if it were to be sold to a developer.

Question 34

Under rational basis analysis:

A)a government action will be upheld as long as it has a reasonable relationship to the achievement of a legitimate purpose,even if those provisions are foolish.
B)discrimination on the basis of a suspect category will receive highest scrutiny.
C)courts will deem a government action unconstitutional when the action impinges on a fundamental right.
D)discrimination on the basis of economic interest will receive highest scrutiny.

Question 35

Which of the following is true of the Takings Clause?

A)It is triggered by the power of eminent domain.
B)It requires the government not to pay private property owners any compensation.
C)It is triggered by the power of just domain.
D)It requires the government to buy private property for private developers.

Question 36

_____ protects people from arbitrary government interference with their life,liberty,or property rights.

A)Procedural due process
B)Substantive due process
C)Equal Protection Clause of the Fifteenth Amendment
D)Due process clause of the Sixth Amendment

Question 37

If a person has been discriminated by the government on the basis of the fact that he/she is an illegitimate child,the regulation will be evaluated under:

A)strict scrutiny.
B)rational analysis.
C)intermediate scrutiny.
D)due process.

Question 38

When regulatory reforms interfere with the exercise of individual rights,they are subject to:

A)both a substantive and a procedural due process challenge.
B)only a substantive due process challenge.
C)strict scrutiny analysis,irrespective of the level of interference.
D)only a procedural due process challenge.

Question 39

Commercial speech,under the First Amendment,is:

A)subject to intermediate scrutiny unlike political speech.
B)completely suppressed regardless of it being misleading or truthful.
C)subject to strict scrutiny just like political speech.
D)completely unregulated unless it is put in writing.

Question 40

Greenmail's customers were receiving unsolicited electronic mails from Definition Mail.Greenmail blocked these mails and sent them back to Definition Mail.Due to such bulk mails coming in,Definition's clients terminated their contracts with it.Definition sued Greenmail for violating its First Amendment rights.Will the court uphold this case?

A)No,as the First Amendment does not deal with constitutional rights.
B)Yes,as the First Amendment rights have been violated by Greenmail.
C)No,since Greenmail is a private company and did not owe any constitutional rights to Definition.
D)Yes,because constitutional rights can be violated by individuals as well as the state.

Question 41

Duff Beer applied to the Bureau of Alcohol,Tobacco and Firearms (BATF)for approval of proposed labels and advertisements that disclosed the alcohol content of its beer.BATF rejected the application on the grounds that the Federal Alcohol Administration Act prohibited disclosure of the alcohol content of beer on labels or in advertising.The labeling regulations also prohibited the use of descriptive terms that suggest high alcohol content,such as "strong," "full strength," or "extra strength." Duff claimed the labeling restrictions violated its First Amendment rights.The government responded that the ban was necessary to suppress the threat of "strength wars" among brewers,who,without the regulation,would seek to compete in the marketplace based on the potency of beer.Discuss the analysis courts will use in evaluating the constitutionality of this restriction.

Question 42

When is strict scrutiny analysis triggered?

Question 43

Which of the following statements is true about the adjudicatory power of the independent agencies?

A)Those who are unhappy with the agencies' actions cannot appeal to the court of law.
B)Since they involve juries,rules of evidence are more strictly observed.
C)Their hearings are much more formal than court trials.
D)Some of them regulate primarily on a case-by-case basis through their decisions.

Question 44

Many of the administrative agencies have the power to:

A)make laws.
B)issue regulations that have the force of law.
C)conduct trials involving juries.
D)adjudicate disputes involving alleged violations of the Commerce Clause.

Question 45

The courts will overturn the independent agency's action when:

A)an agency's rules are unwise,though it does not exceed its regulatory authority.
B)an agency's rulemaking does not exceed its regulatory authority.
C)the agency decisions are arbitrary and capricious.
D)the court does not set out adequate guidelines for agency action.

Question 46

Explain the process followed by the courts in accordance with the Chevron Doctrine to determine whether to sustain an agency's interpretation of the statutory scheme it is charged with administering.

Question 47

The independent agencies often exercise _____ to gain access to witnesses and documentary evidence,as many people will not voluntarily cooperate with information requests.

A)the power of eminent domain
B)a subpoena power
C)an enforcement power
D)a coercive power

Question 48

The retail price of wine in Kansas was consistently higher than the price of wine in bordering states.As a result,Kansas residents living in border areas frequently crossed state lines to purchase wine at lower prices.Accordingly,Kansas enacted a statute that required out-of-state shippers of wine to affirm that their posted prices for products sold to Kansas wholesalers,as of the moment of posting,was no higher than the prices at which those products were sold in the bordering states.Does the statute violate the Commerce Clause?

Question 49

The explosion of government regulation in the United States has witnessed an accompanying social phenomenon of great importance which is:

A)the creation of the CAN-SPAM ACT.
B)the creation and widespread use of administrative agencies.
C)the creation and widespread use of the Federal Trade Commission.
D)the creation of antitrust laws.

Question 50

Briefly discuss the constitutional safeguards of "pure" or political speech.