Question 1

Pursuant to the Commerce Clause,the federal government could enact a law that forbids another country from doing business in the United States if that country engages in activities that are not condoned by the United States.A state,however,could not enact a law the forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state.

Accepted Answer

This is because the Commerce Clause gives the federal government the power to regulate interstate commerce and foreign trade, while states do not have the authority to regulate foreign relations or international trade.

Question 2

The United States Supreme Court places speech into three (3)categories: 1)fully protected; 2)limited protected; and 3)unprotected.

Accepted Answer

This statement is true. The Supreme Court has established these categories to determine the level of First Amendment protection for various types of speech. Fully protected speech includes political and religious speech, while limited protected speech includes commercial speech and some forms of expressive conduct. Unprotected speech includes obscenity, incitement to violence, and certain types of speech that are considered a threat to national security.

Question 3

Political speech is an example of fully protected speech.

Accepted Answer

Political speech is considered a fundamental part of the First Amendment and enjoys full protection under the Constitution. This means that the government cannot pass laws that prohibit or restrict political speech, even if some people may find it offensive or controversial. However, there may be some limitations on political speech, such as speech that incites violence or presents a clear and present danger to national security.

Question 4

According to the modern interpretation of the Commerce Clause,any local (i.e.,intrastate)activity that has an effect on interstate commerce is subject to federal regulation.

Accepted Answer

This interpretation was established by the Supreme Court in the 1942 case Wickard v. Filburn and has been upheld in numerous subsequent cases. The idea is that even seemingly small, local activities can have a cumulative effect on interstate commerce and therefore fall within the scope of federal regulation.

Question 5

Burning the American flag in protest to a federal government military action is constitutionally protected symbolic speech.

Accepted Answer

The Supreme Court has ruled that burning the American flag is a form of symbolic speech protected by the First Amendment. In the case of Texas v. Johnson (1989), the Court held that flag burning as a form of political protest is protected under the First Amendment's guarantee of free speech. Later cases, such as United States v. Eichman (1990), reaffirmed and expanded this protection.

Question 6

Congress has the authority to regulate an activity that does not itself involve interstate commerce if the activity does have an effect on interstate commerce.

Accepted Answer

This is known as the "effects doctrine" and was established in the landmark Supreme Court case Wickard v. Filburn in 1942. The Court held that even though a farmer growing wheat for personal use would not be directly involved in interstate commerce, the cumulative effect of many such farmers could have a substantial impact on the interstate wheat market, giving Congress the authority to regulate such activity under the Commerce Clause of the Constitution.

Question 7

Treaties entered into by the federal government with Native American Nations became void when the specific territory became a state and the treaty had to be renegotiated due to the land governance.

Accepted Answer

Treaties between the federal government and Native American Nations do not become void when a territory becomes a state. The Supremacy Clause of the U.S. Constitution recognizes that treaties are the supreme law of the land and can only be abrogated by an act of Congress. However, treaties have often been disregarded or broken by the federal government, which has resulted in significant harm to Native American communities.

Question 8

In addition to the Bill of Rights,twenty-seven (27)other amendments have been added to the United States Constitution.

Accepted Answer

The Bill of Rights consists of the first ten amendments, and there are a total of 27 amendments to the U.S. Constitution, including the Bill of Rights. Therefore, there are 17 additional amendments beyond the Bill of Rights.

Question 9

The government cannot prohibit or regulate the content of fully protected speech.

Accepted Answer

The First Amendment of the US Constitution guarantees freedom of speech and prohibits the government from making any law that abridges this right. However, there are certain limits to this right, such as with obscenity, incitement to violence, and hate speech targeting specific groups. As long as the speech is not falling within those limited categories of unprotected speech, the government cannot prohibit or regulate its content.

Question 10

Because a state has a duty to protect its citizens and a right to regulate intrastate commerce,a law prohibiting the direct sale of goods to its citizens by out-of-state retailers is constitutionally valid as long as the sale can be made to in-state wholesalers who then sell to the state's citizens.

Accepted Answer

The Dormant Commerce Clause of the U.S. Constitution restricts states from passing legislation that discriminates against or excessively burdens interstate commerce. A law prohibiting direct sales by out-of-state retailers while allowing in-state wholesalers to sell would likely be seen as discriminatory against interstate commerce.

Question 11

The first twenty (20)amendments to the United States Constitution are commonly referred to as the Bill of Rights.

Accepted Answer

The Bill of Rights refers specifically to the first ten amendments to the United States Constitution, not the first twenty.

Question 12

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Accepted Answer

This is known as the dormant Commerce Clause doctrine, which allows a state to regulate in areas affecting interstate commerce as long as the state law does not discriminate against or place an undue burden on interstate commerce. If such discrimination or undue burden exists, then the federal government can invalidate the state law.

Question 13

Commercial speech and offensive speech both receive only limited protection under the U.S.Constitution.

Accepted Answer

Commercial speech and offensive speech are not considered to be fully protected under the First Amendment. While some types of commercial speech (such as advertising) are protected, they can still be subject to regulation. Similarly, offensive speech (such as hate speech) may be restricted or punished according to certain circumstances, such as when it constitutes a true threat or incites imminent lawless action.

Question 14

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 what is referred to as the Dormant Commerce Clause.

Accepted Answer

The Dormant Commerce Clause prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce, in the absence of federal regulation in that area. This is based on the idea that if the federal government has chosen not to regulate a particular aspect of interstate commerce, it intends to leave that area free from state regulation as well.

Question 15

The fundamental rights granted in the Constitution and its amendments protecting citizens from intrusive governmental actions apply to natural persons and do not apply to artificial persons such as corporations.

Accepted Answer

The Supreme Court has recognized certain Constitutional protections for corporations as "legal persons," including the First Amendment right to free speech. However, some argue that corporations should not be entitled to the same level of Constitutional protection as natural persons.

Question 16

The Commerce Clause of the U.S.Constitution gives the federal government the nonexclusive power to regulate commerce with foreign nations.

Accepted Answer

The answer of The Commerce Clause of the U.S.Constitution gives...

Question 17

Offensive speech is generally considered to be another name for obscene speech.

Accepted Answer

Offensive speech can include obscene speech, but it can also encompass speech that is discriminatory, harassing, or threatening in nature.

Question 18

The police power permits states to enact laws to protect or promote the public health,safety,morals,and general welfare.

Accepted Answer

This is a correct statement about the police power, which is a concept in American constitutional law that gives states the authority to regulate various aspects of public life within their borders. The police power is derived from the Tenth Amendment to the U.S. Constitution, which reserves to the states any powers that are not expressly delegated to the federal government. States have used their police powers to enact a wide range of laws, such as those related to public health, safety, and welfare, as well as environmental protection, consumer rights, and zoning regulations. However, the exercise of the police power is subject to constitutional limitations, such as due process and equal protection, and cannot be used to violate individual rights guaranteed under the U.S. Constitution.

Question 19

Laws broken on Indian land are resolved in the state court of the state within which the land is located.

Accepted Answer

Laws broken on Indian land are resolved in federal court, not in the state court. This is because Indian tribes are considered as separate nations and their land is considered as Indian Country, which is under federal jurisdiction.

Question 20

Since their creation,the protections in the Bill of Rights have generally been applicable to state and local governments as well as the federal government.

Accepted Answer

The protections in the Bill of Rights were originally applicable only to the federal government. It was through the process of incorporation via the Fourteenth Amendment that many of these rights were gradually applied to state and local governments.

Quiz 2: Constitutional Law for Business and E-Commerce