Question 1

Which of the following statements is true of states' police power?

Accepted Answer

Police power is the authority of states to enact laws and regulations to promote public health, safety, and welfare. This includes the power to regulate the conduct of business within their borders. States have the power to enact laws related to licensing, taxation, and other regulations to ensure businesses operate in a safe and fair manner.

Question 2

The first ten amendments to the U.S.Constitution are collectively known as the ________.

Accepted Answer

The first ten amendments to the U.S. Constitution are known as the Bill of Rights. These amendments were added to the Constitution in 1791 to protect individual liberties and limit the power of the federal government. The Due Process clause and Privileges clause refer to specific provisions within the Constitution, while the Articles of Confederation was the predecessor to the Constitution and did not contain a Bill of Rights.

Question 3

The ________ provides that federal law takes precedence over state or local law.

Accepted Answer

The preemption doctrine holds that federal law takes priority over state or local law in cases of conflict. This means that federal laws can override any state or local laws that may conflict with them, making federal rules the supreme law of the land. The Bill of Rights, Due Process Clause, and Free Exercise Clause are all important constitutional provisions, but none of them directly address the question of federal versus state law supremacy.

Question 4

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?

Accepted Answer

The Freedom of Speech clause is included in the First Amendment of the Constitution, not the third. However, it only protects speech, not conduct. There are certain types of speech that are not protected, such as speech that incites violence, obscenity, and defamation. Burning the American flag is a form of conduct, not speech, and has been upheld as protected under the First Amendment by the Supreme Court.

Question 5

Fierra Inc.is a German automobile manufacturer that has a 5 percent market share in the United States' automobile market.The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them.Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

Accepted Answer

The answer of Fierra Inc.is a German automobile manufacturer that...

Question 6

The concept of federal law taking precedence over state or local law is commonly called the ________.

Accepted Answer

The concept of federal law taking precedence over state or local law is commonly known as the preemption doctrine. This means that when a federal law conflicts with state or local law, the federal law prevails and must be followed.

Question 7

Which of the following statements is true of the United States' Foreign Commerce Clause?

Accepted Answer

The Foreign Commerce Clause of the US Constitution grants Congress the power to regulate foreign commerce. Therefore, regulation of foreign commerce by state governments is unconstitutional because it is within the exclusive domain of the federal government.

Question 8

Which of the following is a form of limited protected speech?

Accepted Answer

Offensive speech is considered a form of limited protected speech under the First Amendment. While it is protected, there are circumstances under which the government can regulate it, especially if it crosses into areas like incitement or true threats.

Question 9

Why have checks and balances been built into the U.S.Constitution?

Accepted Answer

The checks and balances system was established in the U.S. Constitution to prevent any one of the three branches of government from becoming too powerful. The system ensures that each branch is able to limit the powers of the other two branches, thus promoting a balance of power and preventing any one branch from dominating the others. This helps to safeguard against abuses of power and ensure that government operates in the best interests of citizens as a whole.

Question 10

Which of the following is established by the Supremacy Clause of the U.S.Constitution?

Accepted Answer

The Supremacy Clause of the U.S. Constitution establishes that federal law, including the U.S. Constitution, treaties, laws, and regulations, overrides state law. This means that when there is a conflict between federal law and state law, federal law prevails. Therefore, option D is the correct answer. Option A is incorrect as the President of the United States is not mentioned in the Supremacy Clause. Option B is also incorrect because while the legislative branch of the federal government has the power to make laws, it is not the supreme law-making authority in the country. Option C is also incorrect as the judiciary is not the supreme law-enforcing authority and can be influenced by higher courts and the interpretation of the law.

Question 11

Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month.However, last month, Kingsland violated a trading norm which was not condoned by Georgia.Which of the following measures should be taken to regulate apple imports from Kingsland?

Accepted Answer

Georgia can appeal to the federal authority, which has the power to regulate international trade and can decide to stop imports from Kingsland if necessary.

Question 12

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers, this area of commerce is subject to the ________.

Accepted Answer

The dormant commerce clause, also known as the negative commerce clause, prohibits states from passing laws that discriminate against or excessively burden interstate commerce. This clause arises from the federal government's exclusive power to regulate interstate commerce, and if the federal government has chosen not to regulate a certain area of interstate commerce, it is left to the states to comply with the restrictions of the dormant commerce clause.

Question 13

Which of the following is a form of unprotected speech?

Accepted Answer

Defamatory language is considered a form of unprotected speech because it involves making false statements about someone that can harm their reputation. Unlike political, commercial, or offensive speech, which are generally protected under the First Amendment, defamation (slander and libel) is not protected because it infringes on the rights of others.

Question 14

A group of students organizing a protest march would be an instance of ________ speech.

Accepted Answer

The answer of A group of students organizing a protest...

Question 15

Which of the following is/are enacted under state police power?

Accepted Answer

State police power refers to the capacity of states to regulate behavior and enforce order within their territory for the betterment of health, safety, morals, and general welfare of their inhabitants. Personal property laws fall under this category as they pertain to the regulation of property within the state.

Question 16

The Indian Gaming Regulatory Act sets the terms of ________ activities on tribal land.

Accepted Answer

The Indian Gaming Regulatory Act (IGRA) was passed in 1988 to regulate and set the terms for gambling activities on tribal land, including casino operations. The law requires that Native American tribes negotiate a gaming compact with the state they are located in and follow specific guidelines for Class I, II, and III gaming activities. Therefore, option A - casino gambling is the correct answer. Options B, C, and D are not related to the Indian Gaming Regulatory Act.

Question 17

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada.He wants to open a casino in the reservation.However, the state authority denies the tribe permission to open a casino in its own territory.Which of the following permits the tribe to bring suit in federal court and force the state to comply?

Accepted Answer

The Indian Gaming Regulatory Act allows tribes to engage in gaming activities on their reservation lands. If the state authority denies the tribe permission to open a casino in its own territory, the tribe can bring suit in federal court to enforce its rights under the Indian Gaming Regulatory Act.

Question 18

The ________ is responsible for making federal law.

Accepted Answer

The legislative branch, which is composed of the Senate and the House of Representatives, is responsible for making federal law. The President can propose laws and the Supreme Court can interpret them, but ultimately it is Congress that has the power to create federal legislation. State governments have the authority to make their own laws, but they are not responsible for making federal law.

Question 19

Jerome wears a t-shirt that bears a picture of the current U.S.president.Under this picture, there are words which imply that the President is doing a bad job of running the country.In accordance to the Freedom of Speech Clause, which of the following is valid?

Accepted Answer

Criticizing the current president is fully protected under the Freedom of Speech Clause of the First Amendment of the U.S. Constitution. Jerome cannot be prosecuted for wearing a t-shirt that expresses his opinion on the current president's job performance.

Question 20

Which of the following statements is true of the Supremacy Clause of the U.S.Constitution?

Accepted Answer

The Supremacy Clause of the U.S. Constitution establishes that the Constitution and federal laws made pursuant to it are the supreme law of the land, and therefore any state or local law that conflicts with federal law is preempted. This means that federal law takes priority over conflicting state laws. Option A is incorrect because federal statutes can exclusively regulate specific areas or activities if they are within the scope of the federal government's authority. Option C is also incorrect because exclusive jurisdiction must be conferred by the Constitution or federal law, and cannot be provided for by a single federal statute. Option D is incorrect because conflicting state laws are not held valid until tested and held in harmony with cultural diversity, but are instead preempted by valid federal law.

Quiz 4: Constitutional Law for Business and E-Commerce