Deck 3: Business and the Constitution

Question 1

Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional?

A) Judicial review
B) Federal supremacy
C) Federalism
D) Separation of powers

Answer 1

A

Question 2

If a state law discriminates against interstate commerce, then the strictest scrutiny will be applied in determination of its constitutionality.

Answer 2

True

Question 3

Today, discrimination on the basis of gender receives more strict scrutiny than discrimination on the basis of race.

Answer 3

False

Question 4

Today, social and economic regulations generally receive rational basis review when they are challenged on the grounds of equal protection.

Question 5

Enumerated powers are those powers that the _____ can exercise.

A) states
B) Congress
C) U.S. Supreme Court
D) trial courts

Question 6

The Fourteenth Amendment's equal protection guarantee has been made applicable to federal government action through incorporation of it within the Fifth Amendment's Due Process Clause.

Question 7

Article V of the Constitution makes the Constitution, laws, and treaties of the United States supreme over state law.

Question 8

The exercise of the power of judicial review depends on the court's reading of the Constitution.

Question 9

The Contract Clause applies only to state laws that impair past contracts-contracts made before passage of the state law in question.

Question 10

Federal restrictions that forbid beer producers from listing the alcohol content of their beer on product labels are unconstitutional.

Question 11

A state law unconstitutionally burdens interstate commerce only when it violates a federal statute that was enacted under the Commerce Clause.

Question 12

The U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts. This is the principle of:

A) separation of powers.
B) federal supremacy.
C) judicial review.
D) due process of law.

Question 13

Government action that discriminates on the basis of illegitimacy receives full strict scrutiny.

Question 14

Which of the following gives the president executive power?

A) Congress
B) The Supreme Court
C) The U.S. Constitution
D) State legislatures

Question 15

_____ enumerates the principle of federal supremacy.

A) Article III
B) Article IV
C) Article V
D) Article VI

Question 16

The Takings Clause applies only in situations where the federal government or the states "take" private property through formal condemnation procedures.

Question 17

The First Amendment prohibits state regulation of deceptive commercial advertising.

Question 18

Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech.

Question 19

Congress cannot invalidate state laws that are passed pursuant to the state's police power.

Question 20

The "ends" component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right.

Question 21

Which of the following is true of noncommercial speech?

A) It does not cover political speech.
B) Books, musical works, and journal articles are classified as noncommercial speech but are not fully protected due to the existence of an underlying profit motive.
C) It receives the full benefit of the First Amendment protection.
D) Any kind of corporate speech is classified as noncommercial speech.

Question 22

The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating:

A) the channels of interstate commerce.
B) and protecting the instrumentalities of interstate commerce.
C) persons or things in interstate commerce.
D) activities that substantially affect interstate commerce.

Question 23

The sex discrimination test is an example of the:

A) rational basis test.
B) intermediate scrutiny test.
C) full strict scrutiny test.
D) due process test.

Question 24

"The challenged law must be necessary to the fulfillment of a compelling government purpose." This is laid down for the:

A) rational basis test.
B) intermediate scrutiny test.
C) full strict scrutiny test.
D) still-controlling test.

Question 25

Which of the following augments the powers of Congress by permitting it to enact laws that are useful or conducive to the exercise of those enumerated powers?

A) The Commerce Clause
B) The taxing power
C) The spending power
D) The Necessary and Proper Clause

Question 26

The First Amendment provides that "Congress shall make no law . . . abridging the freedom of speech". What is often described as being at the "core" of the First Amendment?

A) Commercial speech
B) Artistic speech
C) Advertisements
D) Political speech

Question 27

Which of the following would receive stricter scrutiny than the rational basis test?

A) Right to own a business
B) Right of teenagers to congregate
C) Classifications based on gender
D) Right to advertise

Question 28

What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution?

A) To generate federal revenue
B) To establish federal supremacy
C) To block protectionist restrictions on trade
D) To enable a transition to a unitary system

Question 29

Which of the following statements regarding commercial speech is true?

A) It enjoys the same First Amendment protection as political expression.
B) It is not protected if it misleads or seeks to promote illegal activity.
C) It receives rational basis protection, if it is not misleading.
D) Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected.

Question 30

According to _____, most of the Constitution's individual rights provisions block only the actions of government bodies, and not private bodies, in cases of violation of rights.

A) independent checks
B) due process
C) state action
D) federal supremacy

Question 31

The _____ is a very relaxed means-ends test of constitutionality which challenged laws usually pass with ease.

A) rational basis test
B) intermediate scrutiny
C) due process test
D) full strict scrutiny

Question 32

Which of the following is true of the Commerce Clause in present times?

A) It has become a federal power with an extensive regulatory reach.
B) It no longer blocks state regulations that hinder interstate commerce.
C) It has been preempted by the federal taxing and spending powers.
D) It allows Congress to regulate interstate commerce but not intrastate activities affecting it.

Question 33

The _____ Amendment says that no state shall "deny to any person . . . the equal protection of the laws."

A) Fifth
B) Tenth
C) Fourteenth
D) Sixteenth

Question 34

Which of the following is an important state legislative power that works concurrently with many congressional powers?

A) Enumerated power
B) Police power
C) Independent checks
D) Taxing power

Question 35

Congress has the power to regulate commerce among the states. In pursuance of this power, it passed a legislation forbidding women from crossing state lines to buy or sell goods. Will the statute be held constitutional?

A) Yes, because Congress has the power to regulate interstate commerce.
B) Yes, because Congress has not exceeded its enumerated power in enacting the legislation.
C) No, because it conflicts with equal protection guarantee.
D) Yes, because federal laws are always superior.

Question 36

There is a provision of the means-ends tests by the Supreme Court because:

A) individual rights must be protected at any cost.
B) the correct procedure of law has to be followed.
C) no constitutional right is absolute.
D) the conduct of public officials must be scrutinized.

Question 37

Which of the following prevents the federal government from depriving "any person of life, liberty, or property, without due process of law"?

A) First Amendment
B) Fifth Amendment
C) Fourteenth Amendment
D) Fifteenth Amendment

Question 38

When is a corporation entitled to full First Amendment protection?

A) When it engages in artistic speech.
B) When it works for the public good.
C) When it aids in promoting federal power.
D) When it engages in political speech.

Question 39

What is the main purpose of the taxing power?

A) To enact healthcare reform law.
B) To regulate grants to the states.
C) To regulate interstate commerce.
D) To raise revenue for the federal government.

Question 40

Both Congress and state legislatures can make laws within areas covered under the concurrent powers, unless Congress preempts state regulation under the:

A) supremacy clause.
B) Takings clause.
C) "checks and balances" system.
D) regulatory clause.

Question 41

Which of the following is also known as the "dormant" Commerce Clause?

A) Power of Congress to regulate interstate commerce.
B) Power of Congress to regulate instrumentalities of interstate commerce.
C) Limits on the states' ability to burden interstate commerce.
D) Limits on Congress to burden states with taxes.

Question 42

In the context of commercial speech, the Supreme Court developed the _____ test which amounts to intermediate scrutiny.

A) means-ends
B) still-controlling
C) proximate cause
D) rational basis

Question 43

Which of the following is generally subject to a rational basis review?

A) Regulation of political speech that is challenged under the First Amendment.
B) Regulation of commercial speech that is challenged under the First Amendment.
C) Laws that discriminate on the basis of illegitimacy.
D) Laws that regulate social and economic matters.

Question 44

Which of the following is applied to the equal protection standard?

A) The due process test
B) The still-controlling test
C) The proximate cause test
D) The rational basis test

Question 45

State a situation where state law is preempted by federal regulation.

Question 46

Which of the following characterizes procedural due process?

A) The procedures are clearly laid in the Constitution.
B) It entitles one to a fair hearing before action is taken.
C) It challenge rules that set standards of behavior for organized social life.
D) It does not require adequate notice to be given before action.

Question 47

Federal regulation is considered to be officially "pervasive" when:

A) Congress has given an administrative agency broad regulatory power in a particular area.
B) there is literal conflict between the measures by different states.
C) the state regulation is an obstacle to federal regulations.
D) there is a conflict regarding a federal issue between private citizens.

Question 48

Mark, an untenured Assistant Professor of Business Law at a public university, is fired from his job for supposedly misbehaving with students in class. Since the firing took place without any kind of hearing, Mark wants to challenge it on procedural due process grounds. Will Mark's claim succeed? Assume that the university did not publicize the reasons for Mark's discharge, and will not tell anyone why he was discharged.

Question 49

Which of the following independent checks blocks only state laws and not federal laws?

A) Equal protection
B) The First Amendment
C) Federal preemption
D) Due process

Question 50

Under the Takings Clause, a "taking":

A) occurs when the government uses formal eminent domain procedures to condemn private property.
B) can only be of land, and not of other kinds of property.
C) cannot occur through government regulation that merely diminishes the value of private property.
D) cannot occur by simply an invasion of private property.

Question 51

The rights to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of:

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

Question 52

The equal protection standard is generally judged in a lenient manner. However, laws that discriminate regarding _____ are made to undergo a much more rigorous test.

A) education
B) profession
C) race
D) age

Question 53

Which of the following is a characteristic of the "Takings Clause"?

A) It includes issues of property as well as the sale of goods.
B) It protects the public from government intrusion into their property.
C) Private property can be taken for public use, without any reparation.
D) The property owner must receive just compensation.

Question 54

Under what two conditions is a governmental taking of property unconstitutional? Should both of these conditions be satisfied in order for a taking to offend the Constitution, or is only one condition necessary?

Question 55

In Kasky v. Nike, Inc., the California Supreme Court drew a distinction between a noncommercial speaker's statements criticizing a product and a commercial speaker's statements in praise or support of the same product. What was this distinction, and why did the California Supreme Court make it?

Question 56

Which of the following has NOT been categorized as a suspect class?

A) Race and national origin
B) Alienage
C) Sexual orientation
D) Illegitimacy

Question 57

In general, which of the following is least likely to unconstitutionally burden interstate commerce?

A) A state law requiring that all state vehicles burn gasoline produced and refined within the state.
B) A state law imposing tougher purity standards on food imported from out of state than from food produced in-state.
C) A state law requiring in-state liquor distillers to post the prices at which they will sell in-state, and not to exceed those prices when they sell in other states.
D) A state tax on gasoline that makes it more expensive for trucking companies to route their trucks through the state.

Question 58

The central question in most federal preemption cases is:

A) the intent of the Congress.
B) whether the federal law is supreme.
C) whether due process was afforded.
D) the application of the doctrine of judicial review.

Question 59

A state passes a minimum wage law. Fred Whitby, President of Unisys Corporation, is certain that it is unconstitutional. For example, Fred argues that the Constitution's Contract Clause plainly renders the law unconstitutional. Is Fred right? Why or why not?

Question 60

Which of the following is true of the Contract Clause?

A) It applies to laws that impair contracts made after the law's passage.
B) It imposes tougher standards on government contracts than on private contracts.
C) It does not apply to government contracts.
D) It has gradually increased in importance from the 19^th century to the 20^th century.