Deck 5: Constitutional Law for Business and E-Commerce

Question 1

The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes.

Answer 1

False

Question 2

The ________ was a document that restricted the newly created U.S.federal government from levying and collecting taxes,regulating commerce with foreign countries,and regulating interstate commerce.

A)U.S.Constitution
B)Declaration of Independence
C)Bill of Rights
D)Articles of Confederation

Answer 2

D

Question 3

When the states ratified the Constitution,they delegated certain powers-called enumerated powers-to the federal government.

Answer 3

True

Question 4

The legislative branch of the U.S.federal government is ________.

A)monocameral
B)bicameral
C)tricameral
D)polycameral

Question 5

Reserved powers remain with the ________.

A)federal government
B)judiciary
C)state governments
D)U.S.Congress

Question 6

The ________ branch of the U.S.government is responsible for making federal law.

A)executive
B)judicial
C)legislative
D)fourth

Question 7

How is the federal government divided? Why are checks and balances necessary? Explain with instances.

Question 8

Each state has ________ senators in the U.S.Senate.

Question 9

The president is selected by the ________.

Question 10

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

A)preemption doctrine
B)Bill of Rights
C)Due Process Clause
D)Free Exercise Clause

Question 11

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

A)The President is the supreme and sovereign head of the United States.
B)The legislative branch of the federal government is the supreme law-making authority in the country.
C)The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone,however powerful,in any manner.
D)The U.S.Constitution and federal treaties,laws,and regulations are the supreme law of the land.

Question 12

How is power divided between the federal government and the state governments?

Question 13

The House of Representatives has the power to impeach the President for certain activities,such as treason,bribery,and other crimes.

Question 14

The ________ is responsible for making federal law.

Question 15

In federalism,the federal government and the state governments share powers.

Question 16

The U.S.'s form of government is referred to as ________,in which the federal government and the fifty states share powers.

Question 17

Jintopia is a country in which the federal government and the twelve state governments share powers.The form of government in Jintopia is ________.

A)anarchism
B)federalism
C)unitarianism
D)confederalism

Question 18

Reserved powers are delegated to the judiciary by the President of the United States.

Question 19

________ are powers delegated to the federal government by the states.

Question 20

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

A)to keep a check on the number and frequency of amendments made to the Constitution
B)to ensure that the judiciary is not biased or corrupt
C)to prevent any one of the three branches of the government from becoming too powerful
D)to ensure that people of all races and ethnicities are uniformly represented

Question 21

Checks and balances built into the Constitution ensure that amendments to the Constitution do not contradict existing laws.

Question 22

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

A)A particular federal statute cannot exclusively regulate a specific area or activity.
B)Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.
C)A particular federal statute can expressly provide for exclusive jurisdiction.
D)Any state or local law that "directly and substantially" conflicts with valid federal law is held valid if held in harmony with the cultural diversity in the state.

Question 23

Which of the following is enacted under state police power?

A)personal property laws
B)intellectual property laws
C)international trade laws
D)equal opportunity laws

Question 24

The ________ Act sets the terms of casino gambling and other gaming activities on tribal land.

Question 25

________ is a power that permits states and local governments to enact laws to protect or promote the public health,safety,morals,and general welfare.

Question 26

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

A)Police power restricts states from regulating interstate commerce although it happens within their borders.
B)The states are allowed to regulate army activities within their borders.
C)The states are given the authority to enact laws that regulate the conduct of business within their borders.
D)The police force of a state is controlled by the federal police department.

Question 27

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

Question 28

The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the United States of America.

Question 29

Fierra Inc.is a German automobile manufacturer that has a five 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?

A)The government of North Carolina imposes an additional ten percent tax on Fierra cars.
B)The government of Georgia bans the sale of Fierra cars.
C)The government of North Carolina asks Fierra Inc.to shut down its import unit in the state.
D)The federal government imposes an additional hundred percent tax only on Fierra cars being sold in North Carolina.

Question 30

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

Question 31

The Due Process Clause of the U.S.Constitution grants Congress the power "to regulate commerce with foreign nations,and among the several states,and with Indian tribes."

Question 32

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

A)Regulation of foreign commerce by state governments is unconstitutional.
B)A state can enact a law that forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state.
C)Direct regulation of foreign commerce by the federal government violates the Commerce Clause.
D)A state government is only permitted to regulate foreign trade indirectly.

Question 33

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

A)Due Process Clause
B)Privileges Clause
C)Bill of Rights
D)Articles of Confederation

Question 34

State governments do not have the power to regulate commerce with foreign nations.

Question 35

Police power permits states and local governments to enact laws to protect or promote the public health,safety,morals,and general welfare.

Question 36

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada.He wants to open a casino on 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?

A)Establishment Clause
B)Indian Gaming Regulatory Act
C)Dormant Commerce Clause
D)Indian Reorganization Act

Question 37

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?

A)Georgia should stop trading with Kingsland after serving a notice.
B)Georgia should stop trading with Kingsland without serving a notice.
C)Georgia should appeal to the federal authority which can stop imports from Kingsland.
D)Georgia should make Kingsland export its apples to North Carolina.

Question 38

If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it,the area is subject to the Dormant Commerce Clause.

Question 39

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

Question 40

The power to regulate interstate commerce lies exclusively with the federal government.

Question 41

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

A)defamatory language
B)speech that incites the violent or revolutionary overthrow of the government
C)dangerous speech
D)offensive speech

Question 42

Advertising is categorized as ________ speech.

A)fully protected
B)limited protected
C)uncensored
D)unprotected

Question 43

The ________ Clause prevents the government from promoting one religion over the other.

Question 44

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

Question 45

Offensive speech is a form of ________ speech according to the First Amendment.

Question 46

The Establishment Clause guarantees that there will be no state-sponsored religion.

Question 47

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

A)The Freedom of Speech Clause was added to the Constitution in the third amendment.
B)The Freedom of Speech Clause protects speech only,not conduct.
C)There is no provision for fully protected speech in the Constitution.
D)Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.

Question 48

Advertising is categorized as limited protected speech.

Question 49

The ________ Clause of the U.S.Constitution prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

A)Due Process
B)Privileges and Immunities
C)Establishment
D)Free Exercise

Question 50

Lila,a newspaper columnist in Chicago,is unhappy with the rising prices of fuel in the United States.She publishes an article criticizing the government's refusal to offer gasoline at subsidized rates.This is an example of fully protected speech.

Question 51

The ________ Clause of the U.S.Constitution prohibits the government from promoting one religion over another.

A)Due Process
B)Privileges and Immunities
C)Establishment
D)Free Exercise

Question 52

How has the U.S.government regulated commerce with Native Americans?

Question 53

The Freedom of Speech Clause included in the First Amendment protects both speech and conduct.

Question 54

________ is speech that the government cannot prohibit or regulate.

Question 55

Speech that is offensive to many members of the society,but is not obscene or violent,is held "unprotected" by the U.S.Supreme Court.

Question 56

The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.

Question 57

Why is it unconstitutional for a state government to ban products imported from a foreign country,even if the country engages in activities that are not condoned by that state?

Question 58

Which of the following is a form of unprotected speech?

A)offensive speech
B)defamatory language
C)commercial speech
D)political speech

Question 59

Speech that incites the violent or revolutionary overthrow of the government is an example of ________ speech.

A)limited protected
B)prohibited
C)unprotected
D)fully protected

Question 60

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 with the Freedom of Speech Clause,which of the following is an accurate statement?

A)Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
B)Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
C)Jerome wearing the t-shirt is an example of limited protected speech.
D)Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamation.

Question 61

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n)________ test.

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

Question 62

The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right,such as a classification based on gender,is examined using a(n)________ test.

A)strict scrutiny
B)intermediate scrutiny
C)rational basis
D)cogent basis

Question 63

Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?

A)The government requires only men above the age of 18 to volunteer for military service.
B)The government establishes a trust fund to provide financial aid to minority groups.
C)A state government employs measures to improve living conditions on Native American reservations.
D)The government provides subsidies to farmers,but not to carpenters or lumberjacks.

Question 64

The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

Question 65

The ________ is a test that is applied to classifications based on a suspect class or involves fundamental rights.

Question 66

The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.

Question 67

Under the intermediate scrutiny test,a court must determine whether the government classification is reasonably related to a legitimate government purpose.

Question 68

The federal government's Social Security program,which pays benefits to older members of society but not to younger members of society,is lawful as examined by a(n)________ test.

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

Question 69

Which of the following requires that government statutes,ordinances,regulations,and other laws be clear on their face and not overly broad in scope?

A)procedural due process
B)substantive due process
C)the intermediate scrutiny test
D)the rational basis test

Question 70

Which of the following amendments to the U.S.Constitution contains the Due Process,Equal Protection,and Privileges and Immunities Clauses?

A)the Twelfth Amendment
B)the Thirteenth Amendment
C)the Fourteenth Amendment
D)the Fifteenth Amendment

Question 71

An organization provides six months of maternity leave to its female employees,whereas its male employees can avail paternity leave for a maximum of two weeks.Which of the following tests is used to examine the lawfulness of this classification?

A)rational basis
B)intermediate scrutiny
C)strict scrutiny
D)cogent basis

Question 72

A certain state in the United States declares that its citizens should only wear "modest" clothing.Which of the following conclusions is made when this law is tested for substantive due process?

A)unconstitutional for compulsion
B)invalid for violation of the Equal Protection Clause
C)void for vagueness
D)invalid for violating freedom of expression

Question 73

Distinguish between limited protected speech and unprotected speech,as defined by the U.S.Supreme Court.

Question 74

Vanessa was born to American parents from a minority group in Miami.She applies to a public university which offers scholarships only to students from minority groups.Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?

A)rational basis
B)intermediate scrutiny
C)strict scrutiny
D)cogent basis

Question 75

The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over others.

Question 76

Substantive due process requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life,liberty,or property.

Question 77

A(n)________ test is applied to classifications of people based on a suspect class.

A)strict scrutiny
B)intermediate scrutiny
C)rational basis
D)cogent basis

Question 78

Which of the following provisions is made by the Due Process Clauses?

A)No person shall be deprived of life,liberty,or property without due process of the law.
B)No state can regulate foreign trade directly or indirectly without due process of the law.
C)Motions for amendments to the constitution cannot be made without a majority in the parliament.
D)Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

Question 79

The Equal Protection Clause makes the classification of individuals based on their race unlawful.

Question 80

The ________ Clause of the U.S.Constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents.

A)Due Process and Dormant Commerce
B)Equal Protection
C)Establishment
D)Privileges and Immunities