Deck 4: Business and the Constitution

Question 1

To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality.

Answer 1

True

Question 2

Congress may tax some states and exempt others.

Answer 2

False

Question 3

State laws protect individuals' privacy rights, often to a significant degree.

Answer 3

True

Question 4

In a federal form of government, the national government does not share sovereign power with the states.

Question 5

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.

Question 6

Expression-oral, written, or symbolized by conduct-is not subject to restrictions.

Question 7

Pretexting is the process of obtaining information by false means.

Question 8

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Question 9

Substantive due process limits what the government can do in its legislative and executive capacities.

Question 10

Traditionally, the courts have protected the right to free speech to the fullest extent possible.

Question 11

The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power.

Question 12

The term police powers encompasses just the enforcement of criminal laws.

Question 13

According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations.

Question 14

The full faith and credit clause prevents a state from imposing unreasonable burdens on citizens of another, particularly with regard to means of doing business.

Question 15

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts.

Question 16

The states can establish laws and regulations that would interfere with trade and commerce among themselves.

Question 17

Generally, government inspectors do not have the right to enter business premises without a warrant.

Question 18

Under the U.S. Constitution, the judicial branch interprets the laws.

Question 19

The Bill of Rights protects individuals, but not business entities, against various types of interfer?ence by the government.

Question 20

The First Amendment does not require a complete separation of church and state.

Question 21

Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

A) federal actions only.
B) federal and state actions.
C) federal and state actions, and actions by nongovernment entities.
D) actions by nongovernment entities only.

Question 22

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

A) none of the choices.
B) the states.
C) the national government.
D) the people.

Question 23

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

A) unprotected speech.
B) controlled speech.
C) symbolic speech.
D) illegal speech.

Question 24

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

A) equal protection of the law.
B) privacy.
C) procedural due process.
D) substantive due process.

Question 25

Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be

A) rendered invalid under the supremacy clause.
B) held to be valid under the equal protection clause.
C) struck down under the taxing and spending clause.
D) upheld under the commerce clause.

Question 26

Oklahoma enacts a law requiring all businesses in the state to donate 10 per?cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Mart files a suit to block the law's enforcement. The court would likely hold that this law violates

A) no clause in the U.S. Constitution.
B) the establishment clause.
C) the free exercise clause.
D) the supremacy clause.

Question 27

Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

A) discouraged.
B) forbidden.
C) protected.
D) required.

Question 28

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

A) and goes no further than necessary to achieve its purpose.
B) without regard to how "far" it goes.
C) and the parties affected by it can elect how "far" to go in applying it.
D) and goes further than necessary to ensure full coverage.

Question 29

In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to op?er?ate in certain areas. A court would likely review this ordinance under the principles of

A) the commerce clause.
B) the equal protection clause.
C) the due process clause.
D) the First Amendment.

Question 30

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

A) equally extensive.
B) less extensive.
C) more extensive.
D) non-existent.

Question 31

Port Harbor City enacts an ordinance that bans the distribu?tion of all printed materials on city streets. Later, Quint protests a new "revenue-enhancing" measure also enacted by the city by distributing handbills. When Quint is charged with violating the printed-materials ban, he files a suit against the city. Most likely, the court will hold that the ban is

A) an unconstitutional restriction of speech.
B) constitutional under the First Amendment.
C) justified by the need to protect individual rights.
D) necessary to protect national interests.

Question 32

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

A) the courts' authority to determine that a law is unconstitutional.
B) the purpose of interstate commerce.
C) the state's interest in regulating the matter.
D) the statute's impact on noneconomic activity.

Question 33

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

A) all of the time.
B) none of the time.
C) only if it is noncommercial.
D) only if it is symbolic.

Question 34

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

A) both the decision and the law are invalid.
B) both the decision and the law apply concurrently.
C) California's law takes precedence.
D) the EPA's decision takes precedence.

Question 35

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

A) equal protection of the law.
B) privacy.
C) procedural due process.
D) substantive due process.

Question 36

Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

A) an unconstitutional restriction of speech.
B) constitutional under the First Amendment.
C) justified by the need to protect individual rights.
D) necessary to protect state interests.

Question 37

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be

A) rendered invalid under the supremacy clause.
B) held to be valid under the equal protection clause.
C) struck down under the taxing and spending clause.
D) upheld under the commerce clause.

Question 38

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues

A) only to carry out its enumerated powers.
B) to promote any objective that it deems worthwhile.
C) as long as the funds are spent uniformly among the states.
D) without regard to whether the expense violates the Constitution.

Question 39

Savers Mart, Inc., distributes its merchandise on an inter?state basis. Under the commerce clause, Congress has the power to regulate

A) any commercial activity in the United States.
B) only activities that are in intrastate commerce.
C) only activities that are in local commerce.
D) none of the choices.

Question 40

Selena's Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

A) a local government.
B) interstate commerce.
C) noneconomic activity.
D) the state.

Question 41

The Wisconsin state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of xGamez, Inc., orders xGamez marketers to place ads in various media. When an xGamez ad appears on YUTV, a local television station, xGamez and YUTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Question 42

The Pennsylvania Consumer Protection Agency (PCPA) investigates the marketing practices of Respond Now!, Inc. The PCPA serves a subpoena on Respond Now!, ordering the firm to provide certain business records, including its marketing agreements with other companies. Respond Now! refuses to comply with the subpoena. On what is the company most likely basing its refusal? Is a court likely to support this position? Why or why not?