Question 1

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate​
A) ​any commercial activity in the United States.
B) ​only activities that are in intrastate commerce.
C) ​only activities that are in local commerce.
D) ​only activities that are not in commerce.

Accepted Answer

The commerce clause of the US Constitution grants Congress the power to regulate any commercial activity that occurs in the United States, whether it is interstate, intrastate, or local in nature. This power is a broad authority that enables Congress to regulate various aspects of interstate commerce, such as transportation, communication, and finance, among others. Therefore, Savers Mart, Inc.'s distribution of merchandise across state lines falls under Congress's power to regulate interstate commerce.

Question 2

The First Amendment prevents limits from being placed on independent political expenditures by corporations.​

Accepted Answer

The Supreme Court case Citizens United v. Federal Election Commission ruled that the First Amendment protects corporations and unions from limits on independent political expenditures.

Question 3

The U.S. Constitution explicitly mentions a general right to privacy.​

Accepted Answer

The U.S. Constitution does not explicitly mention a general right to privacy. However, this right has been recognized by the Supreme Court through various interpretations of the Bill of Rights, particularly the Fourth Amendment's protection against unreasonable searches and seizures and the Fifth Amendment's protection of personal information.

Question 4

A law that has any impact on religion is unconstitutional.​

Accepted Answer

A law may have an impact on religion, but as long as it does not establish or promote any religion or inhibit the free exercise of religion, it can be considered constitutional. The First Amendment of the United States Constitution protects both the freedom of religion and the separation of church and state.

Question 5

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.​

Accepted Answer

While the First Amendment of the Constitution protects free speech, there are limitations and restrictions that have been established by the Supreme Court, such as restrictions on hate speech, obscenity, and incitement to violence. Additionally, there are certain times, places, and manners in which speech can be restricted, such as in schools or government property.

Question 6

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.​

Accepted Answer

This is a well-established principle of equal protection law, known as the intermediate scrutiny standard. It requires that gender-based classifications be substantially related to an important objective, in order to withstand constitutional scrutiny.

Question 7

Substantive due process limits what the government can do in its legislative and executive capacities.​

Accepted Answer

Substantive due process refers to the idea that certain rights are so fundamental that the government cannot infringe upon them, even if it follows the proper procedures. This limits the actions of the government in both legislative and executive capacities.

Question 8

Procedural due process requires that any government decision to take a person's property must be made equitably.​

Accepted Answer

Procedural due process requires that any government decision to take a person's property must be made equitably. This means that the government must follow fair and unbiased procedures when taking someone's property, such as providing notice and an opportunity to be heard.

Question 9

The rights secured by the Bill of Rights are absolute.​

Accepted Answer

The rights secured by the Bill of Rights are not absolute and can be restricted under certain circumstances, such as for the safety of society or during times of war.

Question 10

The First Amendment protects even speech that violates criminal laws.

Accepted Answer

The First Amendment protects freedom of speech but does not protect speech that violates criminal laws, such as threats of violence, obscenity, or speech inciting imminent lawless action.

Question 11

State laws protect individuals' privacy rights.​

Accepted Answer

State laws such as the California Consumer Privacy Act (CCPA) and the New York Privacy Act (NYPA) are enacted to protect individuals' privacy rights.

Question 12

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that​
A) ​Congress writes checks and the other branches balance the budget.
B) ​each branch has some power to limit the actions of the others.
C) ​the courts balance their authority to the other branches' checklists.
D) ​the president "checks" the courts, which "balance" the laws.

Accepted Answer

Checks and balances mean that each branch of government has the power to limit the actions of the other branches. This system prevents any one branch from becoming too powerful and abusing its authority. For example, the executive branch can veto legislation passed by Congress, but Congress can override the veto with a two-thirds vote in both the House and the Senate. Similarly, the Supreme Court can strike down laws passed by Congress or actions taken by the president if they violate the Constitution, but Congress can impeach and remove federal judges who behave improperly.

Question 13

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress​
A) ​administers the laws.
B) ​enforces the laws.
C) ​interprets the laws.
D) ​enacts the laws.

Accepted Answer

Under the Constitution, Congress has the power to enact laws.

Question 14

The First Amendment protects symbolic speech without limitation.

Accepted Answer

The First Amendment protects symbolic speech, but there are limitations on this protection in certain circumstances, such as if the speech incites violence or is obscene.

Question 15

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to​
A) ​the courts.
B) ​the states.
C) ​Congress.
D) ​the people.

Accepted Answer

The Constitution expressly reserves all other powers not designated to the national government to the states. This is outlined in the Tenth Amendment, which specifies that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Question 16

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by​
A) ​Congress.
B) ​a federal court.
C) ​the President.
D) ​none of the choices.

Accepted Answer

If a policy conflicts with the U.S. Constitution, none of the choices (Congress, a federal court, or the President) can lawfully impose a law embodying it, as all laws must be in accordance with the Constitution.

Question 17

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.​

Accepted Answer

This principle is established under the equal protection clause of the 14th Amendment to the US Constitution. When a law restricts access to a fundamental right, such as voting or free speech, the courts will subject it to strict scrutiny to ensure that the law serves a compelling government interest and is narrowly tailored to achieve that interest.

Question 18

The First Amendment protects commercial speech more extensively than noncommercial speech.​

Accepted Answer

The First Amendment protects noncommercial speech, such as political or artistic expression, to a greater extent than commercial speech, which is typically considered to be advertising or promotional material. However, commercial speech is still protected by the First Amendment, as long as it is not misleading or related to illegal activity.

Question 19

The establishment clause requires a complete separation of church and state.​

Accepted Answer

The establishment clause prohibits the government from establishing an official religion or preferring one religion over another, but it does not require a complete separation of church and state. The Supreme Court has recognized that there can be some interaction between religion and government, as long as it does not promote or inhibit any religion.

Question 20

The Fourteenth Amendment guarantees a right to due process of law.​

Accepted Answer

The Fourteenth Amendment to the US Constitution explicitly states that no state shall "deprive any person of life, liberty, or property, without due process of law." This clause has been interpreted by the Supreme Court to guarantee a wide range of substantive and procedural rights to individuals, including the right to a fair trial, notice of charges, and the opportunity to be heard in court.

Quiz 4: Business and the Constitution

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

The U.S. Constitution explicitly mentions a general right to privacy.

A law that has any impact on religion is unconstitutional.

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

Substantive due process limits what the government can do in its legislative and executive capacities.

Procedural due process requires that any government decision to take a person's property must be made equitably.

The rights secured by the Bill of Rights are absolute.

The First Amendment protects even speech that violates criminal laws.

State laws protect individuals' privacy rights.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress

The First Amendment protects symbolic speech without limitation.

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.

The First Amendment protects commercial speech more extensively than noncommercial speech.

The establishment clause requires a complete separation of church and state.

The Fourteenth Amendment guarantees a right to due process of law.

Quiz 4: Business and the Constitution

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate​

The First Amendment prevents limits from being placed on independent political expenditures by corporations.​

The U.S. Constitution explicitly mentions a general right to privacy.​

A law that has any impact on religion is unconstitutional.​

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.​

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.​

Substantive due process limits what the government can do in its legislative and executive capacities.​

Procedural due process requires that any government decision to take a person's property must be made equitably.​

The rights secured by the Bill of Rights are absolute.​

The First Amendment protects even speech that violates criminal laws.

State laws protect individuals' privacy rights.​

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that​

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress​

The First Amendment protects symbolic speech without limitation.

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to​

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by​

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.​

The First Amendment protects commercial speech more extensively than noncommercial speech.​

The establishment clause requires a complete separation of church and state.​

The Fourteenth Amendment guarantees a right to due process of law.​

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

The U.S. Constitution explicitly mentions a general right to privacy.

A law that has any impact on religion is unconstitutional.

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

Substantive due process limits what the government can do in its legislative and executive capacities.

Procedural due process requires that any government decision to take a person's property must be made equitably.

The rights secured by the Bill of Rights are absolute.

State laws protect individuals' privacy rights.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.

The First Amendment protects commercial speech more extensively than noncommercial speech.

The establishment clause requires a complete separation of church and state.

The Fourteenth Amendment guarantees a right to due process of law.