Deck 4: B: Constitutional Authority to Regulate Business

Question 1

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
A law that discriminates based on gender must substantially relate to an important government objective to be valid.

Answer 1

True

Question 2

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The state governments retain all powers not specifically delegated to the federal government.

Answer 2

True

Question 3

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Under their police powers,states can regulate only public activities,such as political demonstrations.

Answer 3

False

Question 4

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Whether the federal government has preempted a certain area is always clear.

Question 5

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Congress can regulate all commerce in the United States.

Question 6

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The Constitution expressly excludes state regulation of commerce.

Question 7

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
A law that regulates economic matters violates the equal protection clause.

Question 8

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The establishment clause of the U.S.Constitution prohibits the federal government from promoting a religion.

Question 9

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The First Amendment does not protect commercial speech as extensively as noncommercial speech.

Question 10

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The First Amendment does not protect corporate political speech.

Question 11

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Procedural due process requires that any government decision to take a person's property must be made fairly.

Question 12

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
A law that has any impact on religion is unconstitutional.

Question 13

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
When there is a direct conflict between a federal and a state law,the state law is rendered invalid.

Question 14

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
There is a specific guarantee of a right to privacy in the Constitution.

Question 15

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

Question 16

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The taxing and spending clause of the U.S.Constitution has had a greater impact on business than any other clause in the Constitution.

Question 17

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The right to due process of law applies to corporations.

Question 18

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
National legislation governs nearly every major business activity,including conduct that has nothing to do with commerce.

Question 19

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Some constitutional protections apply to business entities.

Question 20

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

Question 21

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 22

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 23

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is

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

Question 24

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Enterprising Markets Coalition (EMC),a political lobbying group,wants a certain policy enacted into law.If EMC's policy conflicts with the U.S.Constitution,a law embodying it can be imposed by

A)Congress.
B)a federal court.
C)a state legislature.
D)none of the choices.

Question 25

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The Financial Institutions Association would like a certain law enacted,administered,interpreted,and enforced in the best interest of its members,which include banks.Under the Constitution,Congress

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

Question 26

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 27

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 28

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 29

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
The police obtain a search warrant and search Errol's apartment.After yelling obscenities at the officers,Errol confesses to a crime and impli?cates his friends.The Constitution protects against

A)obscene speech.
B)implication of others.
C)unreasonable searches.
D)none of the choices.

Question 30

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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.

Question 31

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Tami's Tasty Tacos,a mobile vendor,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 imposes a substantial burden on

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

Question 32

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 33

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 34

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
A Massachusetts state statute imposes a prison term,without a trial,on all street entertainers who operate in certain areas.A court would likely review this statute under the principles of

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

Question 35

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 other branches balance the budget.
B)each branch has some power to limit the actions of the others.
C)the courts balance their authority to the other branches' checklists.
D)the president "checks" the courts,which "balance" the laws.

Question 36

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Jen operates Jen's Fruits & Vegetables,a small market stocked entirely with produce grown on her adjacent farm.Under what clause of the Constitution can the federal government regulate Jen's activities? What is Jen's best argument against federal regulation of her farm and business?

Question 37

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Parker owns and operates Rancho Mirage Corporation,a destination resort in Arizona that features horseback riding and bunkhouse accommodations.The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Included as "legal persons" under this clause are

A)the bunkhouses and other "manmade creations."
B)the corporation and Parker.
C)horses and other "beings in nature."
D)none of the choices.

Question 38

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that

A)Joe's state law claim preempts the federal law.
B)the federal law and state law claim are concurrent.
C)the federal and state law claim cancel each other out.
D)the federal law preempts Joe's state law claim.

Question 39

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
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 40

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Ulrich,a citizen of Virginia,wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc.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 41

Fact Pattern 3-A3
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
Old Oak Brewery,Inc. ,makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA)for brand-label approval to sell the beer in Ohio.Without consid?er?ing alternatives,OSLA denies approval because "the label could ap?pear in grocery stores,with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's applica?tion vio?lates the First Amendment?