Deck 5: Business and the Constitution

Question 1

Article I of the U.S. Constitution establishes the executive branch of government.

Answer 1

False

Question 2

State regulation of commerce is controlled by both the commerce and supremacy clauses.

Answer 2

True

Question 3

Article III of the U.S. Constitution establishes the judicial branch of government.

Answer 3

True

Question 4

One state can impose a tax on a corporation's property if the corporation does any business in the state.

Question 5

During President Obama's State of the Union address in 2009, Justice Alito was captured on camera visibly disagreeing with the President about that case's outcome.

Question 6

In supremacy clause cases, legislative intent of Congress is examined.

Question 7

An unconstitutionally vague statute cannot be a basis for criminal prosecution.

Question 8

The Fifth and Fourteenth Amendments provide procedural due process protections for corporations and individuals.

Question 9

The executive branch of the federal government has no enforcement authority.

Question 10

States can never regulate interstate commerce.

Question 11

The states' police powers are subject to a balancing test.

Question 12

The Bill of Rights covers freedom of speech.

Question 13

If the underlying activity Congress attempts to regulate is not economic in nature, authority for such regulation is not part of the Commerce Clause.

Question 14

A state cannot tax catalogue sales made to residents in the state from firms located outside the state.

Question 15

The Commerce Clause authorizes Congress to regulate interstate and international commerce.

Question 16

Corporate political speech is afforded the same First Amendment protection as individual political speech.

Question 17

Substantive due process is the same as procedural due process.

Question 18

In supremacy clause cases, the pervasiveness of the regulatory scheme is examined.

Question 19

The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate commerce.

Question 20

The Bill of Rights contains the Commerce Clause.

Question 21

The First Amendment does not cover corporate ads on ballot propositions.

Question 22

Federal regulation of the Internet is unconstitutional under the commerce clause.

Question 23

Corporate political speech enjoys less First Amendment protection than individual political speech.

Question 24

McCain-Feingold refers to the Bipartisan Campaign Reform Act of 2002.

Question 25

Chief Justice Roberts not only clerked for former Chief Justice Rehnquist but also succeeded him as Chief Justice of the Supreme Court.

Question 26

A statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.

Question 27

The Ollie's Barbeque case and the Morrison case have nothing in common legally because one involved interstate commerce and the other case involved intrastate commerce.

Question 28

Advertising by professionals is permitted because of First Amendment protections.

Question 29

The U.S. Supreme Court has prohibited regulation of advertising by professionals.

Question 30

Citizen's United involves the genesis of the sub-prime loan scandals.

Question 31

There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.

Question 32

The U.S. Supreme Court has always found interstate commerce is involved regardless of how small the business or its impact.

Question 33

So called "soft money" donations are protected under the First Amendment.

Question 34

California cannot impose taxes on a corporation that is incorporated in Arizona and doing business in California and thirty-two other states.

Question 35

Procedural due process rights exist in administrative, civil, and criminal proceedings.

Question 36

Corporations cannot make political contributions because of First Amendment constraints.

Question 37

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

Question 38

A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.

Question 39

The First Amendment prohibits state regulation of false advertising.

Question 40

To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.

Question 41

The Supremacy Clause:

A) controls whether Congress or the states have the authority to regulate commerce.
B) gives Congress full authority to regulate all areas of commerce.
C) is never applied in state regulation cases.
D) none of the above

Question 42

Which of the following is not a requirement for a valid state tax?

A) Tax cannot discriminate against interstate business.
B) Tax cannot apply to businesses in interstate commerce.
C) There must be a sufficient nexus between the state and the business being taxed.
D) none of the above

Question 43

Advertising is commercial speech and cannot be limited because of First Amendment protections.

Question 44

An unconstitutionally vague statute is a violation of substantive due process rights.

Question 45

Taxes on sales across the Internet will be subject to constitutional protections and constraints.

Question 46

Requiring farmers shipping goods from outside the state to use only in-state companies for transportation is not a proper exercise of the police power.

Question 47

In those areas in which federal laws and regulation are extensive and detailed, the likelihood is that the Supremacy
Clause precludes state regulation.

Question 48

The First Amendment:

A) does not afford protection for corporate political speech.
B) does not permit regulation of corporate advertising.
C) provides limited protection for corporate political speech.
D) is applied differently to commercial speech.
E) none of the above

Question 49

The balancing test:

A) is one applied in supremacy issue cases.
B) is one applied in state regulation of interstate commerce.
C) involves the exercise of state taxation powers.
D) none of the above

Question 50

A state law that exempts in-state businesses from additional licensing and inspections but that applies to out-of-state businesses is not a proper exercise of police powers.

Question 51

States have authority over international commerce that comes within their borders and can circumvent U.S. treaties.

Question 52

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

Question 53

The state of Montana, in response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:

A) a legitimate exercise of state powers.
B) an unconstitutional burden on interstate commerce.
C) constitutional because the statute applies only to intrastate lands.
D) constitutional because all buyers must be residents.

Question 54

The Commerce Clause was the basis for federal authority for passing and enforcing the Civil Rights Act.

Question 55

Which of the following sections of the U.S. Constitution establishes the judicial branch of government?

A) Article I
B) Article II
C) Article III
D) none of the above

Question 56

The Nike dispute dealt with the right of a company to publish editorials and letters to the editor in its defense.

Question 57

The city of Mesa has developed a street improvement plan that will add lanes to one of the major north/south corridors. Because of the addition of the lanes, businesses along the corridor will lose frontage. However, none of the businesses will be required to move. Which of the following statements is true?

A) The city need not compensate the businesses since they will still remain intact.
B) The city must compensate the businesses for taking.
C) The city cannot take land for this purpose.
D) The city can attach "0" value to the frontage.

Question 58

The police power of the states:

A) has no federal limitations.
B) can extend to interstate business.
C) has been severely curtailed in recent years.
D) none of the above

Question 59

Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

A) direct and immediate effect test
B) affectation doctrine
C) regulation of goods and not businesses
D) none of the above

Question 60

Which of the following is not a relevant issue examined in a preemption issue?

A) legislative history
B) level of detail in the federal regulation
C) benefits of federal regulation
D) degree of conflict
E) All of the above are relevant issues.

Question 61

Substantive due process rights:

A) no longer exist.
B) have been changed to procedural due process rights.
C) are found in criminal procedure statutes.
D) prevent laws that take property without reason and justification.

Question 62

Which of the following is not a right protected in the Bill of Rights?

A) noninterference with contracts
B) freedom of speech
C) right to privacy
D) right to due process

Question 63

Advertising by lawyers:

A) can be prohibited in the interest of protecting the public.
B) enjoys no First Amendment protections.
C) can be regulated but not prohibited.
D) none of the above.

Question 64

Which of the following actions by a corporation would enjoy full First Amendment protection (i.e., could not be regulated)?

A) a media campaign by a tobacco company against a cigarette tax increase
B) a media campaign for soap that inaccurately labels the soap "hypoallergenic"
C) advertising by an attorney that is misleading with respect to the fees charged for services
D) a mailing that contains offers for the sale of fraudulent securities

Question 65

Which of the following would not be a taking for purposes of eminent domain?

A) the condemnation of land for use in a low-income housing project
B) the requirement that beach-front land owners allow public access to the beach through their lots
C) the placement of a 4" × 6" cable box on the roof of an apartment building by a public cable firm
D) All of the above are takings.

Question 66

The purpose of the Supremacy Clause is to:

A) resolve conflicts of federal and state law by declaring the federal law supreme.
B) resolve conflicts of federal and state law by declaring state law supreme.
C) allow Congress to preempt all state regulation of interstate commerce.
D) none of the above

Question 67

The Bellotti doctrine gives corporations:

A) less First Amendment protections for political speech than individuals have.
B) the same First Amendment protections for political speech that individuals have.
C) more First Amendment protections for political speech than individuals have.
D) no First Amendment protections for political speech than individuals have.

Question 68

What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in Arizona to put on his/her seat belt?

A) preemption clause
B) police power
C) the nexus power
D) none of the above

Question 69

Police power is:

A) the states' authority to bypass the Fifth Amendment.
B) the states' authority to conduct searches under the Fourth Amendment.
C) government agencies' authority to conduct a search of private property at any time.
D) the states' power to pass laws to promote public welfare and health and safety .

Question 70

In administrative proceedings, procedural due process requires:

A) a trial in which the party charged can be heard.
B) notice of hearing.
C) right to an attorney.
D) none of the above

Question 71

Which of the following is not part of the amendments to the U.S. Constitution?

A) freedom of speech
B) supremacy clause
C) due process
D) privacy

Question 72

Which case ruled that when acting as a private person even the president of the United States is not above the law?

A) Citizen's United
B) Nixon v. Administrator of General Services
C) Clinton v. Jones
D) Altria Group

Question 73

Which justice was seen on camera disagreeing with President Obama during his State of the Union address in 2009?

A) Justice Roberts
B) Justice Scalia
C) Justice Alito
D) Justice Thomas

Question 74

Spiegel, Inc., has a catalog merchandise return facility in Nevada. Spiegel employs many phone operators for processing return requests, and merchandise is returned to the facility and stored there for later dispatch. The state of Nevada has proposed taxing Spiegel's full inventory based on the theory that it could have passed through the Nevada facility. Spiegel's main warehouse is in Chicago, Illinois. Nevada:

A) has the power to tax Spiegel's full inventory because of its location in the state.
B) has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way.
C) has properly apportioned its tax since it only applies to inventory and not income.
D) does not have the authority under the U.S. Constitution to tax Spiegel's full inventory.

Question 75

The rights of land owners in eminent domain are protected by the:

A) First Amendment.
B) Fifth Amendment.
C) Fourteenth Amendment.
D) Fourth Amendment.

Question 76

The state of Arizona has just passed a mandatory seat belt law that will require anyone traveling in Arizona to put on his/her seat belt. Several travelers from other states that do not have such seat belt laws have brought suit challenging the constitutionality of the Arizona law as an undue burden on interstate commerce. What test will the court apply in reviewing the statute?

A) the apportionment test
B) the impairment test
C) the balancing test
D) none of the above

Question 77

Under the Commerce Clause, the authority to regulate foreign commerce is given to:

A) Congress.
B) the executive branch.
C) the individual states.
D) only the Senate.

Question 78

A new statute passed by the state of Vermont prohibits the sale of any maple syrup not produced in Vermont anywhere in Vermont. The legislators maintain that the statute is for the health and welfare of Vermont residents because the state of Vermont regulates producers to ensure quality and sanitation standards. The new statute is:

A) constitutional as an exercise of the health and safety regulatory powers of the state.
B) constitutional as a control of intrastate commerce.
C) constitutional because it applies only to sales in the state.
D) unconstitutional because of its excessive approach.

Question 79

Corporate political speech:

A) enjoys full First Amendment protection.
B) can be regulated.
C) can be prohibited.
D) none of the above

Question 80

Which two amendments to the U.S. Constitution provide for equal protection?

A) First and Fourth
B) Fourth and Fifth
C) First and Fifth
D) Fifth and Fourteenth