Question 1

A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.

Accepted Answer

A) True 
 B)False

Question 2

Congress enacts the Tight Money Act (TMA) of 2010 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be

Accepted Answer

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 national interests.

Question 3

Congress determines the jurisdiction of the federal courts.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

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

Question 5

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be

Accepted Answer

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 national interests.

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

Equal protection means that the government must treat similarly situated individuals in a similar manner.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A)  equal protection of the law. 
B)  privacy. 
C)  procedural due process. 
D)  substantive due process.

Question 9

Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech

Accepted Answer

A)  less protection than obscene speech. 
B)  more protection than symbolic speech. 
C)  no protection. 
D)  the same protection as any noncommercial speech.

Question 10

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

Accepted Answer

A)  rendered invalid under the supremacy clause. 
B)  rendered valid the free exercise clause. 
C)  struck down under the due process clause. 
D)  upheld under the commerce clause.

Question 11

Federico, the president of Gems Retail Corporation, claims that certain actions by the federal government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights. Most of these rights limit

Accepted Answer

A)  neither New Mexico nor the federal government. 
B)  the federal government only. 
C)  New Mexico and the federal government. 
D)  New Mexico only.

Question 12

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

Accepted Answer

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 13

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

Accepted Answer

A)  no clause in the U.S. Constitution. 
B)  the establishment clause. 
C)  the free exercise clause. 
D)  the supremacy clause.

Question 14

California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

Accepted Answer

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 national interests.

Question 15

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

Accepted Answer

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 16

Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.

Accepted Answer

A) True 
 B)False

Question 17

Laws that govern business have their origin in the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 18

A Rhode Island state statute imposes a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this statute to be

Accepted Answer

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 19

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

Accepted Answer

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 20

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

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Authority to Regulate Business

A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.

Congress enacts the Tight Money Act (TMA) of 2010 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be

Congress determines the jurisdiction of the federal courts.

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 Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be

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

Equal protection means that the government must treat similarly situated individuals in a similar manner.

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

Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech

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

Federico, the president of Gems Retail Corporation, claims that certain actions by the federal government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights. Most of these rights limit

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

California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.

Laws that govern business have their origin in the U.S. Constitution.

A Rhode Island state statute imposes a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this statute to be

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

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