Deck 4: Constitutional Bases For Business Regulation

Question 1

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

Answer 1

False

Question 2

Beginning with National Labor Relations Board v.Jones & Laughlin Steel Corp.(1937),virtually all federal regulation of commerce was upheld under the Commerce Clause.

Answer 2

True

Question 3

No provision in the Bill of Rights has been held to limit the actions of state governments because the Bill of Rights only applies to federal government actions.

Answer 3

False

Question 4

When a governmental action affects a person's life,liberty,or property,due process requires only a fair hearing.

Question 5

Obscene material is protected speech under the First Amendment.

Question 6

In 2013,the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.

Question 7

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Question 8

A federal law that conflicts with a state law is preempted by the state law.

Question 9

Members of the U.S.Supreme Court are appointed by Congress with the advice and consent of the President.

Question 10

In the case Clinton v.City of New York referenced in the text,the U.S.Supreme Court struck down as unconstitutional the line-item veto given to the President by Congress.

Question 11

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

Question 12

In CASE 4.1 Washington v.Trump (2012),the Ninth Circuit Court of Appeals overturned a temporary restraining order against an executive order that banned Syrian refugees from entering the United States.

Question 13

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

Question 14

In the case Clinton v.City of New York referenced in the text,the U.S.Supreme Court dealt with the question of the Supremacy Clause of the United States Constitution.

Question 15

The Fifth Amendment contains the "due process" restriction on actions by the federal government.

Question 16

The executive privilege fails to protect the president during his or her term of office from civil litigation over events that occurred before he or she took office.

Question 17

The famous case of Marbury v.Madison (1803)gave federal courts the power to review acts of the other two branches of the federal government to determine the existence of constitutional violations.

Question 18

In the case United States v.Lopez,the U.S.Supreme Court upheld the Gun-Free School Zones Act,which banned guns near schools as a regulation of an activity that substantially affects interstate commerce.

Question 19

Procedural due process focuses on the fundamental rights protected by the Due Process clauses.

Question 20

Racist speech is protected by the First Amendment of the U.S.Constitution,similar to the protections in most European countries.

Question 21

In contrast to the federal government,state governments have general powers not specified in the Constitution.These general powers are often referred to as __________ that protect the health,safety,and welfare of the people.

A) habeas corpus powers
B) subpoena powers
C) police powers
D) criminal indictment powers

Question 22

Laws that punish actions that were not illegal when performed are known as:

A) bills of attainder.
B) proscriptive laws.
C) ex post facto laws.
D) criminal laws.

Question 23

The central Fourth Amendment question in the case of Board of Education of Independent School District No.92 of Pottawatomie County v.Earls,which involved drug testing of student athletes,was answered as follows:

A) individualized suspicion is a consideration in determining whether a search is reasonable and the searches at issue were,therefore,unconstitutional.
B) the searches were unconstitutional because of the nature of privacy.
C) the searches were constitutional because minors were involved and individual suspicion was present.
D) individualized suspicion is not always required and the searches in the case were constitutional.

Question 24

Based on various Supreme Court rulings,provisions in the Bill of Rights fundamental to the "American scheme of justice" are applicable to the States via the ______ Amendment.

A) Tenth
B) Eleventh
C) Thirteenth
D) Fourteenth

Question 25

CASE 4.3 Brown v.Entertainment Merchants Association (2011)involved the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors.What was the ruling of the U.S.Supreme Court?

A) The law was valid because the video games did not qualify for First Amendment protection.
B) The law was valid because minors are not entitled to First Amendment protection.
C) The law was invalid because the state could not establish a rational basis for it.
D) The law was invalid because the state could not satisfy the strict scrutiny test applied.

Question 26

In the case United States v.Morrison referenced in the text,the U.S.Supreme Court held that the Violent Crimes Against Women Act was

A) validly enacted under the authority of the due process clause of the U.S.Constitution.
B) validly enacted under the authority of the equal protection clause of the U.S.Constitution.
C) not valid because it discriminated against men.
D) invalid because Congress exceeded its authority under the Commerce Clause of the U.S.Constitution.

Question 27

Which of the following guarantees of individual rights is NOT contained in the original Constitution?

A) Prohibition against bills of attainder
B) Ban on ex post facto laws
C) Contracts clause
D) Freedom of speech

Question 28

In order to hold a media defendant liable for statements made about a public figure,the plaintiff must show the media defendant acted with

A) actual malice.
B) negligence.
C) only inaccuracy.
D) intent to inflict monetary harm.

Question 29

______ gives the president a type of legal immunity that protects against the forced disclosure of presidential communications made in the exercise of executive power.

A) Immunity privilege
B) Federal privilege
C) Executive privilege
D) Mandated privilege

Question 30

The Fifth Amendment does NOT contain which of the following?

A) Self-incrimination provision
B) Grand jury requirement
C) Jury trial requirement
D) Double jeopardy prohibition

Question 31

The ______ test is applied to determine whether speech is protected by the First Amendment to the U.S.Constitution.

A) incitement of violence
B) Brandenburg
C) espionage and sedition
D) clear and present danger

Question 32

The __________ Clause of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

A) Supremacy
B) Federalization
C) Legalism
D) Preemption

Question 33

In the __________ case,the U.S.Supreme Court upheld Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion,or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests.

A) Gibbons v.Ogden
B) Reno v.Condon
C) Heart of Atlanta Motel,Inc.v.United States
D) Sweet Dreams Hotel v.United States and State Department

Question 34

In CASE 4.4,Fisher v.University of Texas at Austin (2016),the U.S.Supreme Court held that

A) when race is involved,a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clauses using a strict scrutiny test.
B) when gender is involved,a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clause using a rational basis test.
C) a university admission test must be analyzed under the Fifth Amendment's rational basis test.
D) when gender is involved,a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clause using the substantially-related test.

Question 35

In CASE 4.2 the Citizens United v.Federal Election Commission regarding the constitutionality of corporate political expenditures,the U.S.Supreme Court

A) upheld federal laws banning corporate independent expenditures on political candidates and also upheld the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.
B) upheld federal laws banning corporate independent expenditures on political candidates but struck as unconstitutional the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.
C) struck down as unconstitutional federal law banning corporate independent expenditures on political candidates but upheld the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.
D) struck down as unconstitutional federal law banning corporate independent expenditures on political candidates and also struck down as unconstitutional the federal prohibition on the use of corporate treasury funds for electioneering communications or express advocacy.

Question 36

The Free Exercise Clause prohibits all restrictions on the practice of religion,except in the workplace context.

Question 37

Which of the following is NOT one of the three branches of government?

A) The legislative branch
B) The judicial branch
C) The administrative branch
D) The executive branch

Question 38

In what year did the U.S.Constitution become effective?

A) 1776
B) 1789
C) 1774
D) 1790

Question 39

The Bill of Rights consists of:

A) the first ten amendments to the U.S.Constitution.
B) the first five amendments to the U.S.Constitution.
C) all amendments to the U.S.Constitution.
D) all amendments to the U.S.Constitution after the first ten amendments were passed.

Question 40

Over time,the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

Question 41

California passes a law restricting entrance to the state university to those potential students with IQ scores over 110.A group of state citizens challenge the law.Describe the standard a court would apply in reviewing the law and the likely outcome of the case.

Question 42

In United States v.Windsor (2013),the U.S.Supreme Court addressed the question of

A) whether the case should be analyzed using a strict scrutiny analysis.
B) the constitutionality of a state statute denying state benefits to same-sex couples who were married in states where same-sex marriage is legal.
C) the constitutionality of a federal statute denying federal benefits to same-sex couples who were married in states where same-sex marriage is legal.
D) whether the case should be analyzed using a rational basis analysis.

Question 43

Even when Congress has taken no action in regard to a matter,the ______ Commerce Clause may impose restrictions on state action.

A) dormant or negative
B) dormant or positive
C) relative or positive
D) relative or negative

Question 44

Preemption of state law when it directly conflicts with federal law is known as _____ preemption,whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as _____ preemption.

A) absolute; implied
B) express; absolute
C) express; field
D) absolute; field

Question 45

The president has the power to make treaties with the advice and consent of:

A) the House of Representatives.
B) the Senate.
C) both the House of Representatives and the Senate.
D) either the House of Representatives or the Senate.

Question 46

When equal protection is concerned,classifications based on gender are subject to the _____ test.

A) rational basis
B) strict scrutiny
C) substantially related
D) gender-based

Question 47

Congress can override a president's veto by a _____ vote of both the House of Representatives and the Senate.

A) majority
B) two-thirds
C) three-quarters
D) unanimous

Question 48

Under the Seventh Amendment,in a suit at common law,__________.

A) legal rights are to be ascertained and monetary damages awarded
B) the suit involves only equitable rights and remedies
C) injunctions are the main remedy
D) proceedings do not include a jury

Question 49

The _____ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

A) Seventh
B) Tenth
C) Eleventh
D) Fourteenth

Question 50

To make way for a new freeway around the city,the state and federal governments purchased private lands at a fair price because of their right to _____ under the _____Amendment.

A) eminent domain; Fourth
B) eminent domain; Fifth
C) expropriate property; Sixth
D) rezone land; Third

Question 51

In an effort to promote family time,Tennessee passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution.Present the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

Question 52

Within the ruling of _____,which found that Connecticut's law against preventing conception was unconstitutional,the Supreme Court discussed the "penumbra" of rights surrounding each guarantee in the Bill of Rights.

A) Roe v.Wade
B) Griswold v.Connecticut
C) Planned Parenthood v.Casey
D) Gonzalez v.Carhart

Question 53

The Tiny Motel is located in Montana.It is not readily accessible from any major highway.Few if any of their guests are from out of state.The motel has filed suit in federal court to be exempt from the antidiscrimination provisions of the Civil Rights Act of 1964.What are the arguments for and against exemption?

Question 54

Maine has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Question 55

The division of power among the executive,legislative and judicial branches of government is typically referred to as

A) federalism.
B) judicial review.
C) separation of powers.
D) the Supremacy clause.

Question 56

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ____ power.

A) police
B) regulatory
C) protective
D) community

Question 57

Because of the __________ provision of the U.S.Constitution,a person cannot be tried twice for the same crime.

A) ex post facto
B) bill of attainder
C) double jeopardy
D) privileges and immunities

Question 58

In deciding the case,Citizens United v.Federal Election Commission,in which the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship,the Supreme Court ruled that:

A) the law was unconstitutional only if a corporate entity,not an individual,sponsored the communication.
B) the law was unconstitutional only if an individual,not a corporate entity,sponsored the communication.
C) the law was unconstitutional in that it involved small expenditures as well as larger ones.
D) the law was constitutional.

Question 59

In the case Junger v.Daley,a professor challenged regulations involving the posting to a website of human readable source code of an encryption software program.The court held that:

A) computer source code is not protected by the First Amendment.
B) computer source code is protected by the First Amendment and that restrictions to such code are reviewed under a rational basis standard.
C) computer source code is protected by the First Amendment and that restrictions to such code are reviewed under the substantially related test.
D) computer source code is protected by the First Amendment and that restrictions to such code are reviewed under a strict scrutiny standard.

Question 60

Colorado is planning a new superhighway.The traffic in Colorado does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This feature will require 40 percent more land than ordinary superhighways.Claiming the power of eminent domain,Colorado has attempted to take Green's house.Green has filed suit to prevent this.How will the court decide this case and why?