Deck 4: A: 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.
Substantive due process limits what the government can do in its legislative capacity.

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.
Congress may tax some states and exempt others.

Answer 2

False

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.
A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

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.
State laws often significantly protect individuals' privacy rights.

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

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 First Amendment protects obscene speech.

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.
Pretexting is the process of obtaining information by false means.

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

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.
A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

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 requires a complete separation of church and state.

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.
Generally,government inspectors have the right to enter business premises without a warrant.

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.
The full faith and credit clause ensures that rights established under a contract in one state are honored by other states.

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

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

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

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.
All powers not specifically delegated to the federal government are reserved to the states.

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

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.
Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.

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.
A search warrant must particularly describe whatever is to be searched.

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 states can regulate any activity that substan?tially af?fects interstate commerce.

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.
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 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.
Mercy,the chief executive officer of Medico Hospital Corporation,claims that certain actions by the state of New York infringe on rights guaranteed by the Bill of Rights.Most of these rights are held to limit

A)federal governmental actions only.
B)federal and state governmental actions.
C)state governmental actions only.
D)actions by non-governmental entities only.

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.
Brad stands in front of Rustler's Round-Up Café,shouting "fighting words" that are likely to incite Rustler's patrons to respond violently.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 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.
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 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.
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 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.
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 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.
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 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.
Justice For All,a political organization,files a claim to challenge a Colorado 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 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.
Ralph,an investigator for the Securities and Exchange Commission,goes to the offices of Trust & Worthy Accountants to inspect Trust & Worthy's clients' business records.Government inspectors generally have a right to enter business premises

A)only with a warrant.
B)without a warrant.
C)once the issuance of a warrant has been sought.
D)under no circumstances.

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.
The state legislature of Kansas enacts a statute to regulate trucking that affects interstate commerce.This statute will be balanced in part in terms of

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 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.
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 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.
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 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.
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 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.
The Tourist Travelers Association wants the federal government to spend money 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 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.
Direct Mail Sales,Inc. ,regularly advertises its products.Under the First Amendment,in comparison to noncommercial speech,these ads are given

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

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.
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 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.
Harbor Town 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 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 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.
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 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.
Charlie,the owner of Charlie's Foreign Auto Repair Service,files a suit against the state of Delaware,claiming that a state law violates the commerce clause.The court will agree if the statute

A)affects citizens' private activities.
B)imposes a substantial burden on interstate commerce.
C)imposes a substantial burden on the state.
D)promotes the public order,health,safety,morals,or general welfare.

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.
Congress enacts the Advertising Restriction Act (ARA.The ARA will be considered valid if it directly advances a substantial government interest and

A)goes no further than necessary.
B)without regard to how "far" it goes.
C)parties affected by it can elect how "far" to apply it.
D)goes further than necessary to ensure full coverage.

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.
A 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 Games Marketing,Inc.(GMI),orders GMI marketers to place ads in any media.When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute.What is the defendants' best defense against a conviction?

Question 42

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 Alabama Consumer Protection Agency (ACPA)investigates the marketing practices of Beta Sales,Inc.The ACPA serves a subpoena on Beta,ordering the firm to provide certain business records,including its marketing agreements with other companies.Beta refuses to comply with the subpoena.On what is Beta most likely basing its refusal? Is a court likely to support Beta's position? Why or why not?