Question 1

According to the Commerce Clause the federal government has the power to regulate

Accepted Answer

The Commerce Clause, found in Article I, Section 8, Clause 3 of the U.S. Constitution, specifically grants the federal government the power to regulate interstate commerce, that is, commerce between states.

Question 2

Myra owns a peach farm. When the peaches are harvested she makes peach jam and sells them at her roadside stand to those who drive by. Recently she posted on Facebook about her peach jam and she noticed her sales increasing. Can the federal government regulate her farm according under the Commerce Clause?

Accepted Answer

The correct answer is C because the Commerce Clause allows the federal government to regulate activities that have a substantial economic effect on interstate commerce. Even though Myra's farm is within one state, her actions, especially with the increased sales potentially influenced by her Facebook post, could be seen as having a substantial economic effect on interstate commerce, thus allowing for federal regulation under this clause.

Question 3

In an attempt to increase the demand for Michigan made wine instead of wine produced in other states, Michigan passes a law requiring all wine imported into Michigan from other state to undergo an inspection which adds about 30% to the cost of the wine. Therefore, wine from other states is significantly more expensive than Michigan made wine. The law

Accepted Answer

The law would likely be struck down because it unduly burdens interstate commerce, which violates the Commerce Clause of the U.S. Constitution by placing a significant financial barrier on wines coming from other states, thus favoring in-state over out-of-state businesses without a legitimate public health or safety justification.

Question 4

The 14^th Amendment extension of the application of the Bill of Rights to state and local government in addition to the federal government is called

Accepted Answer

The correct term is "Incorporation." This refers to the process by which the Supreme Court has applied portions of the U.S. Bill of Rights to the states through its interpretation of the Fourteenth Amendment.

Question 5

In Brandenburg v. Ohio, according to the First Amendment, freedom of speech, the court ruled that inflammatory speech or hate speech

Accepted Answer

In Brandenburg v. Ohio, the Supreme Court ruled that inflammatory speech is protected under the First Amendment unless it is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

Question 6

The police were issued a search warrant to find a full-size tractor that was stolen. In executing the search warrant, the police find crack cocaine in the person's nightstand drawer. Will the police be able to use the crack cocaine as evidence?

Accepted Answer

The search warrant was specifically for a full-size tractor, which would not be found in a nightstand drawer. Therefore, the police exceeded the scope of the warrant by searching in places where the tractor could not reasonably be found.

Question 7

Another term for "the exclusionary rule" is

Accepted Answer

The Fruit of the Poisonous Tree doctrine is another term for the exclusionary rule, which prohibits evidence obtained in violation of a defendant's constitutional rights from being used in a court of law.

Question 8

In general, a search occurs when the government has invaded a person's

Accepted Answer

A search, in legal terms, is considered to have occurred when the government infringes upon an individual's reasonable expectation of privacy. This concept is a cornerstone of privacy rights and protections against unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.

Question 9

The police, while patrolling a neighborhood, observe and hear a lot of loud noises coming from a house. They walk up to the house and knock on the front door. The homeowner opens the door allowing the police officer to see into the house and the meth lab setting in the front room. Which statement below is incorrect?

Accepted Answer

The concept of an "implied warrant" does not exist in the context of search and seizure laws. The plain view doctrine, consent, and constitutional allowances provide valid grounds for the admissibility of evidence, but there is no provision for an "implied warrant" that would make evidence admissible.

Question 10

The federal government needs to build an additional exit from an interstate which would cut right through Farmer Herb's land. Therefore the government would use __________ to take the land from for their project.

Accepted Answer

Eminent domain is the power of the government to take private property for public use, with compensation to the owner. This is the legal principle that would be applied in the scenario where the government needs to build an additional exit from an interstate through private land.

Question 11

When the federal government exercises its power of eminent domain,

Accepted Answer

The federal government is required to pay just compensation to the property owner when it exercises its power of eminent domain, as per the Fifth Amendment to the U.S. Constitution.

Question 12

Does due process protections apply to corporation?

Accepted Answer

Corporations are considered "legal persons" under U.S. law, which means they are granted certain legal protections, including due process rights. This concept allows corporations to enter into contracts, sue, and be sued, among other legal capacities.

Question 13

The federal government passes a law which states it is a crime to allow children access to objectionable material on the internet. Under what theory might this statute's constitutionality be challenged?

Accepted Answer

The statute might be challenged on the basis of vagueness because if the term "objectionable material" is not clearly defined, individuals would not be able to determine what content is prohibited, making it difficult for them to conform their behavior to the law. This lack of clarity could lead to arbitrary enforcement, which is a concern under due process principles.

Question 14

The process by which two-thirds of the legislatures of the states make a proposal to amend the Constitution is called

Accepted Answer

A Constitution Convention, also known as an Article V Convention (after Article V of the U.S. Constitution), is a process by which two-thirds (34 out of 50) of the state legislatures can petition Congress to call a convention for proposing amendments to the Constitution. This is one of two methods to propose amendments, the other being through a two-thirds majority vote in both houses of Congress.

Question 15

In the second step of Constitutional amendments, the ratification process requires

Accepted Answer

The ratification process for Constitutional amendments requires the approval of at least three-fourths of the state legislatures or by conventions in three-fourths of the states, as determined by Congress. The judicial branch does not weigh in on the process, and approval by citizens directly is not a requirement.

Question 16

The opinion that the Constitution should be based upon what people at the time of when the Constitution was created believed the text to mean is

Accepted Answer

The original meaning theory posits that the Constitution should be interpreted based on what the words meant to the people who lived at the time it was written. This contrasts with the idea of a "Living Constitution," which suggests that the interpretation of the Constitution can evolve over time to meet the needs of contemporary society.

Question 17

According to which theory would the definition of "speech" include a Facebook post?

Accepted Answer

The Living Constitution theory posits that the meaning of the Constitution evolves over time and adapts to new circumstances without being formally amended. This approach would likely include modern forms of communication, such as Facebook posts, under the definition of "speech" protected by the First Amendment, reflecting contemporary understandings and practices.

Question 18

Which theory of constitutional interpretation would allow space exploration and aviation to be a function of the federal government because the Constitution specifically delegates the right to create and army and navy to the federal government?

Accepted Answer

The Living Constitution theory allows for the interpretation of the Constitution to evolve with societal changes, which would include adapting to new technologies and fields such as space exploration and aviation, even though they are not explicitly mentioned in the Constitution. This theory posits that the Constitution's meaning can adapt to modern circumstances not foreseen by the original framers.

Question 19

Which theory of constitutional interpretation asserts that the meaning of the words of the Constitution are fixed and judges cannot change the meaning of the text until the Constitution is formally amended is called

Accepted Answer

Originalism is the theory of constitutional interpretation that asserts the meaning of the Constitution is fixed at the time of enactment, and that it can only be changed through the formal amendment process, not through judicial interpretation.

Question 20

"Judicial activism" is most closely aligned with which theory of Constitutional interpretation?

Accepted Answer

Judicial activism is most closely aligned with the theory of a Living Constitution, which posits that the Constitution's meaning evolves over time and should be interpreted in the context of current societal values and norms.

Quiz 3: Business and the Constitution