Deck 4: Constitutional Authority to Regulate Business

Question 1

The taxing and spending clause of the U.S. Constitution has had a greater impact on business than any other clause in the Constitution.

Answer 1

False

Question 2

Under the U.S. Constitution, each branch of government limits some actions of the other branches.

Answer 2

True

Question 3

Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.

Answer 3

True

Question 4

The federal government retains all powers not specifically delegated to the states.

Question 5

Congress can regulate all commerce in North America.

Question 6

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

Question 7

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

Question 8

A state law that treats nonresidents different from residents may violate the privileges and immunities clause.

Question 9

The supremacy clause of the Constitution provides that a state law is in?valid when it directly conflicts with a federal law.

Question 10

The courts make the final determination on issues involving constitutional interpretation.

Question 11

The Constitution expressly excludes state regulation of commerce.

Question 12

The Bill of Rights consists of the first ten amendments to the Constitution.

Question 13

Under their police powers, states can regulate only public activities, such as political demonstrations.

Question 14

Under the commerce clause, a state may charge a higher tax on out-of-state products shipped to in-state locations.

Question 15

Whether the federal government has preempted a certain area is always clear.

Question 16

The state governments retain all powers not specifically delegated to the federal government.

Question 17

Congress may tax some states and exempt others.

Question 18

The Articles of Confederation established a confederal form of government.

Question 19

A federal form of government is a confederation of independent states with a central government of very limited powers.

Question 20

The executive branch can regulate any activity that substan?tially af?fects interstate commerce.

Question 21

The terms "substantive due process" and "equal protection" mean the same thing.

Question 22

Equal protection means that the government must treat similarly situ?ated individu?als differently.

Question 23

Some constitutional protections apply to business entities.

Question 24

A restriction on commercial speech that implements a substantial government interest may be valid.

Question 25

Political speech that would otherwise be protected by the First Amend?ment loses that protection if its source is a corporation.

Question 26

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

Question 27

Any law that distinguishes between or among individuals violates the equal protection clause.

Question 28

Review of a law on a substantive due process basis and review of a law on an equal protection basis considers some similar questions.

Question 29

The First Amendment protects obscene speech.

Question 30

There is a specific guarantee of a right to privacy in the Constitution.

Question 31

The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court.

Question 32

The Bill of Rights protects individuals against various types of interfer?ence by the states and by the federal government.

Question 33

State laws often significantly protect individuals' privacy rights.

Question 34

The First Amendment requires a complete separation of church and state.

Question 35

Procedural due process requires that any taking of a person's life, lib?erty, or property by government must be made equitably, or fairly.

Question 36

The establishment clause of the U.S. Constitution prohibits the federal government from establishing an official religion.

Question 37

The First Amendment protects symbolic speech.

Question 38

A government law that restricts a fundamental right will be held to vio?late substantive due pro?cess unless it promotes a compelling or overrid?ing state interest.

Question 39

A law that restricts a fundamental right violates substantive due process unless it promotes a compelling or overriding state interest.

Question 40

The courts determine when the laws restricting free speech are justified by the need to protect other rights.

Question 41

Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted by

A) any state legislature and Congress.
B) any state legislature but not Congress.
C) Congress but not any state legislature.
D) none of the choices.

Question 42

Uma, a citizen of Virginia, wants to enforce in Washington certain rights that she has under a contract with Xtra Services Company. A Washington state court is most likely to enforce such rights under

A) no provision in the U.S. Constitution.
B) the commerce clause.
C) the full faith and credit clause.
D) the privileges and immunities clause.

Question 43

Ron, the chief executive officer of Standard Business Corporation, claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these rights are held to limit state government actions under

A) the commerce clause.
B) the due process clause of the Fourteenth Amendment.
C) the equal protection clause of the Fourteenth Amendment.
D) the Tenth Amendment.

Question 44

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues

A) only to carry out Congress's enumerated powers.
B) to promote any objective that Congress deems worthwhile.
C) without regard to whether the expense violates the Bill of Rights.
D) without regard to whether the expense violates the Constitution.

Question 45

Colorado enacts a statute that bans the distribution of anonymous politi?cal leaflets. A court would likely hold this 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 46

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of Louisiana from their federal taxes until New Orleans is rebuilt from the ravages of Hurricane Katrina. SITA will most likely be

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

Question 47

Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of

A) religion only.
B) speech only.
C) the press only.
D) the press, speech, and religion.

Question 48

Len, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates

A) no provision in the U.S. Constitution.
B) the commerce clause.
C) the due process clause.
D) the supremacy clause.

Question 49

A decision by the 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

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 50

The state of New York regulates private activities to protect or promote the public or?der, health, safety, and general welfare under its

A) police powers.
B) taxing powers.
C) spending powers.
D) supremacy powers.

Question 51

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

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

Question 52

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

A) Congress writes checks and the president balances the budget.
B) each branch of government has some power to limit the actions of the other branches.
C) each branch of government may exercise the authority of the other branches.
D) the president "checks" the courts, which "balance" the laws.

Question 53

Dru, a U.S. citizen, is the owner of Egret, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embod?ies a series of protections for Dian against various types of interference by

A) FFC and its other competitors only.
B) FFC, Greg, Huey, others, and the government.
C) Greg, Huey, and other private individuals only.
D) the government only.

Question 54

Household Furnishings, 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) only activities that are not in commerce.

Question 55

The state legislature of Michigan enacts a transportation statute that impinges on interstate commerce. This law will be

A) balanced in terms of the burden on the state against the merit and purpose of interstate commerce.
B) balanced in terms of the state's interest in its merit and purpose against the burden placed on interstate commerce.
C) struck down.
D) upheld.

Question 56

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tom wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tom's suit against the city, a court would likely hold this ordinance to be

A) constitutional under the First Amendment.
B) not subject to the U.S. Constitution.
C) unconstitutional under the commerce clause.
D) unconstitutional under the First Amendment.

Question 57

Under the Constitution, the legislative branch of the government

A) administers the laws.
B) enforces the laws.
C) interprets the laws.
D) makes the laws.

Question 58

Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legislature enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents pay $0. This most likely violates

A) no provision in the U.S. Constitution.
B) the commerce clause.
C) the full faith and credit clause.
D) the privileges and immunities clause.

Question 59

Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute

A) imposes a substantial burden on interstate commerce.
B) promotes the public order, health, safety, morals, or general welfare.
C) regulates activities within Utah's borders.
D) regulates private activities.

Question 60

Under the Constitution

A) neither the national government nor the states have sovereign power.
B) the national government and the states share sovereign power.
C) the national government has all sovereign power.
D) the states have all sovereign power.

Question 61

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

A) little protection.
B) no protection.
C) significant protection.
D) total protection.

Question 62

Iowa 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 63

Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate

A) equal protection.
B) procedural due process.
C) substantive due process.
D) the right to privacy.

Question 64

Vacation Village enacts an ordinance to allow only a few street vendors to op?er?ate in certain areas, for the purpose of reducing traffic. A court would likely subject this ordinance to

A) a police power test under the commerce clause.
B) a "rational basis" test under the equal protection clause.
C) intermediate scrutiny under the due process clause.
D) strict scrutiny under the First Amendment.

Question 65

Xtreme Publications, Inc., disseminates obscene materials. This is

A) a crime under nu?merous state and federal statutes.
B) a privilege under Article IV, Section 2. c a right under the commerce clause.
D) a right under the First Amendment.

Question 66

Minnesota enacts a statute to ban advertising in "bad taste." This stat?ute 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 67

The Federal Communications Commission imposes a regulation that prohibits all businesspersons from appearing in their own television commercials. A court is most likely to hold this regulation

A) constitutional under the due process clause.
B) constitutional under the equal protection clause.
C) unconstitutional under the due process clause.
D) unconstitutional under the equal protection clause.

Question 68

The requirement that no person be deprived of "life, liberty, or property without due process of law" is found in

A) no provision in the U.S. Constitution.
B) the First and Second Amendments.
C) the Third and Fourth Amendments.
D) the Fifth and Fourteenth Amendments.

Question 69

River City enacts an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' right to

A) engage in interstate commerce under the commerce clause.
B) full faith and credit under Article IV, Section 1.
C) privileges and immunities under Article IV, Section 2.
D) substantive due process under the due process clauses.

Question 70

Direct Mail Sales, Inc., regularly advertises its products. Under the First Amendment, with respect to noncommercial speech, these ads are given

A) equal protection.
B) less protection.
C) more protection.
D) no protection.

Question 71

Mona publishes an article in Now Hear This! magazine that harms Owen's good reputation. The First Amendment protects Mona and others who engage in such speech

A) all of the time.
B) none of the time.
C) only if it is commercial.
D) only if it is political.

Question 72

Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

A) an invalid restriction of individuals' privacy.
B) an unconstitutional restriction of speech.
C) a violation of adults' rights to enjoy certain privileges and immunities.
D) constitutional under the First Amendment.

Question 73

South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be

A) constitutional under the due process clause.
B) constitutional under the equal protection clause.
C) unconstitutional under the due process clause.
D) unconstitutional under the equal protection clause.

Question 74

Orin claims that a Pennsylvania state statute infringes on his "sub?stan?tive due process" rights. This claim focuses on

A) procedures used in making decisions to take life, liberty, or property.
B) the similarity of the treatment of similarly situated individuals.
C) the content, or substance, of the statute.
D) the steps to be taken to protect Orin's privacy.

Question 75

Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid

A) if it directly advances a substantial government interest but goes no further than necessary.
B) if it directly advances a substantial government interest regard?less of how "far" it goes.
C) under any circumstances.
D) under no circumstances.

Question 76

Congress enacts the Tight Money Act (TMA) of 2006 to ban "major busi?ness entities" from making political contri?bu?tions that individuals can make. A court would likely hold the TMA 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 77

Myra claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

A) procedures used in making decisions to take life, liberty, or property.
B) the content of the statute.
C) the similarity of the treatment of similarly situated individuals.
D) the steps to be taken to protect Mary's privacy.

Question 78

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and impli?cates his friends. The Constitution protects against

A) obscene speech only.
B) others' implication only.
C) unreasonable searches only.
D) obscene speech, others' implication, and unreasonable searches.

Question 79

Kansas 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. Lo-Price Stores 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 80

Beachside City enacts an ordinance that bans the distribu?tion of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

A) constitutional under the First Amendment.
B) not subject to the U.S. Constitution.
C) unconstitutional under the commerce clause.
D) unconstitutional under the First Amendment.