Deck 5: Constitutional Law for Business and E-Commerce

Question 1

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

A) statism
B) socialism
C) federalism
D) mercantilism

Answer 1

federalism

Question 2

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

A) Enumerated powers
B) Plenary powers
C) Reserved powers
D) Affirmative powers

Answer 2

Enumerated powers

Question 3

Each state has ________ senator(s) in the U.S. Senate.

A) a variable number of
B) two
C) one
D) five

Answer 3

two

Question 4

The president is selected by the ________.

A) popular vote of the American people
B) state legislatures
C) Electoral College
D) College of Cardinals

Question 5

Briefly explain what is meant by "federalism."

Question 6

Briefly describe the process by which a President can be impeached.

Question 7

What are the three branches of the federal government and what are the prime responsibilities of each?

Question 8

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 9

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 the United States' 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 10

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 11

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

A) Volsted
B) Harrahs-Tunica
C) Wynn-Macau
D) Indian Gaming Regulatory

Question 12

The term e-commerce is usually in reference to ________.

A) the trading of stock in power utilities
B) conducting business electronically on the internet
C) construction of refineries in the energy sector
D) a nation's overall economic activity

Question 13

E-commerce ________.

A) is subject only to state laws
B) is subject only to the United Nations Treaty on Internet Commerce
C) is subject to the Commerce Clause of the U.S. Constitution
D) is exempt from state, federal and international law

Question 14

Which of these is NOT true regarding the Bill of Rights?

A) It consists of the first ten amendments to the U.S. Constitution.
B) It was ratified in 1791.
C) It guarantees certain fundamental rights.
D) It allows for government intrusion into fundamental rights.

Question 15

Most of the Bill of Rights' guarantees of certain fundamental rights and the protection of these rights from intrusive government action have been applicable to federal, state and local government action ________.

A) since 1791
B) since 1786
C) until the Fourteenth Amendment was ratified in 1868 and the Supreme Court applied its Due Process Clause to state and local governments via the incorporation doctrine
D) since the Ford Administration

Question 16

The U.S. Constitution ________.

A) cannot be amended
B) has only been amended by the Bill of Rights
C) provides that it may be amended and was last amended with the Fourteenth Amendment
D) allows for amendments, and currently there are twenty-seven amendments

Question 17

Which of these issues has NOT been addressed in an amendment to the U.S. Constitution?

A) universal health care
B) slavery
C) the federal income tax
D) giving women the right to vote

Question 18

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 19

________ is speech that the government cannot prohibit or regulate.

A) Slander
B) Fully protected speech
C) Defamation
D) Obscenity

Question 20

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

A) limited protected
B) fully protected speech
C) commercial
D) political

Question 21

The U.S. Supreme Court has held that certain types of speech are not protected by the First Amendment. Of the following, which is NOT considered unprotected speech?

A) dangerous speech
B) fighting words that are likely to provoke a hostile response from an abnormally violent person
C) speech that incites the violent or revolutionary overthrow of the government
D) child pornography

Question 22

Explain what is meant by "fully protected speech"
and give an example.

Question 23

The Town Council of the Town of Nelson passed an ordinance requiring that at the Town of Nelson Public School each school day must begin with all of the student reciting together a particular prayer. If challenged in court, this rule would probably be ________.

A) upheld as it is protected by the Free Exercise Clause
B) struck down for violating the Establishment Clause
C) upheld because the prayer does not promote one religion over another
D) upheld because the courts do not have jurisdiction over public schools

Question 24

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

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

Question 25

What are the three standards of review that the U.S. Supreme Court has adopted for deciding whether the government's actions violate the Equal Protection Clause?

Question 26

The U.S. Supreme Court held that same-sex partners have the right to marry based on ________.

A) the Free Exercise Clause of the First Amendment
B) the Establishment Clause of the First Amendment
C) the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment
D) the Commerce Clause

Question 27

The test for whether a law should be declared void for vagueness is whether a ________ could understand the law to be able to comply with it.

A) police officer
B) young child
C) lawyer
D) reasonable person

Question 28

At its core, procedural due process requires that before the government can deprive someone of life, liberty, or property, the government must give that person two things: ________.

A) free legal counsel and 14 days wages
B) bail and a medical examination
C) proper notice and hearing of legal action
D) a jury trial and a 90 days advance notice

Question 29

Which of the following statements is correct?

A) The Due Process Clauses of the Fifth and Fourteenth Amendments prohibit all levels of government from ever taking a person's life, liberty, or property.
B) The Due Process Clause of the Fifth Amendment prohibits state and local governments from taking a person's life, liberty, or property without due process of the law.
C) The Due Process Clause of the Fourteenth Amendment prohibits the federal government from taking a person's life, liberty, or property without due process of the law.
D) The Due Process Clause of the Fifth Amendment prohibits the federal government taking a person's life, liberty, or property without due process of the law.

Question 30

The U.S. Constitution provides government with the power to take private property if it is needed for public use. This power is contained in ________.

A) the Takings Clause of the Fifth Amendment
B) the Due Process Clause of the Fourteenth Amendment
C) the Establishment Clause of the First Amendment
D) the Commerce Clause

Question 31

If the government takes private property, the Fifth Amendment to the U.S. Constitution requires ________.

A) that the property owner be thanked for his or her generosity, but not paid
B) that the property owner be compensated for the property taken
C) that the property seized be immediately destroyed
D) that the property owner not be notified of the seizure

Question 32

The Takings Clause of the Fifth Amendment gives government the power to take private property ________.

A) for any reason or for no reason at all
B) but only for public use
C) from political opponents
D) but only for building postal roads

Question 33

The U.S. Constitution provision that requires the government to compensate property owners when it takes private property is called ________.

A) the Due Process Clause of the Fourteenth Amendment
B) the Establishment Clause of the First Amendment
C) the Commerce Clause
D) Just Compensation Clause

Question 34

While the privileges and immunities doctrine generally prohibits states from enacting laws that unduly discriminate in favor of their citizens, there are some situations where courts have held that certain types of discrimination that favor the citizens of one state over the citizens of another are lawful, including ________.

A) state laws preventing citizens of other states from owning property in that state
B) state laws preventing citizens of other states from owning businesses in that state
C) state laws preventing citizens of other states from traveling to that state
D) state laws mandating that a state university charge higher tuition to out-of-state citizens

Question 35

Due to the Privileges and Immunities Clause, a citizen of one state has the right to travel ________.

A) free of charge to any other state
B) freely to any other state
C) freely to any other nation
D) freely to any state contiguous with the citizen's home state

Question 36

The terms "privileges" and "immunities"Can be found at two places in the U.S. Constitution, specifically ________.

A) the Privileges and Immunities Clause of Article IV of the Constitution, and the Privileges or Immunities Clause of the Fourteenth Amendment
B) the Privileges or Immunities Clause of Article IV of the Constitution, and the Privileges or Immunities Clause of the Fourteenth Amendment
C) the Privileges and Immunities Clause of Article IV of the Constitution, and the Privileges and Immunities Clause of the Fourteenth Amendment
D) the Privileges or Immunities Clause of Article IV of the Constitution, and the Privileges and Immunities Clause of the Fourteenth Amendment