Question 1

Which of the following is true of noncommercial speech?

Accepted Answer

Noncommercial speech receives the full benefit of the First Amendment protection.

Question 2

The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating:

Accepted Answer

The Commerce Clause has gained its regulatory power in large part due to judicial decisions that have expanded its scope to cover activities that substantially affect interstate commerce. This includes laws regulating economic activities such as production, transportation, and distribution, as well as laws addressing non-economic activities that have a significant impact on interstate commerce. The other three options, while also relevant to the Commerce Clause, are more limited in scope and do not encompass the full extent of the federal government's regulatory power under this clause.

Question 3

The sex discrimination test is an example of the:

Accepted Answer

The sex discrimination test is part of the intermediate scrutiny test, which is used to evaluate laws that discriminate based on gender. This test requires that the law be substantially related to an important government interest, and it is a higher standard than the rational basis test but lower than the full strict scrutiny test.

Question 4

"The challenged law must be necessary to the fulfillment of a compelling government purpose." This is laid down for the:

Accepted Answer

The standard of "necessity to the fulfillment of a compelling government purpose" is a hallmark of the full strict scrutiny test, which is applied when a fundamental right is at stake or a suspect classification is involved. The rational basis test requires only that the law be rationally related to a legitimate government interest, while the intermediate scrutiny test requires a law to further an important government interest and be substantially related to achieving that interest. The still-controlling test is not a recognized standard of review in constitutional law.

Question 5

Which of the following augments the powers of Congress by permitting it to enact laws that are useful or conducive to the exercise of those enumerated powers?

Accepted Answer

The Necessary and Proper Clause, also known as the Elastic Clause, grants Congress the authority to make all laws that are necessary and proper for carrying out its enumerated powers. This clause expands Congress's powers and allows it to enact laws to support its existing powers, making it an important tool for Congress.

Question 6

The First Amendment provides that "Congress shall make no law . . . abridging the freedom of speech". What is often described as being at the "core" of the First Amendment?

Accepted Answer

Political speech is often described as being at the "core" of the First Amendment, as it is essential for democratic self-governance and the protection of individual liberties. Both the Supreme Court and lower courts have consistently held that political speech is entitled to the strongest protections under the First Amendment.

Question 7

Which of the following would receive stricter scrutiny than the rational basis test?

Accepted Answer

Classifications based on gender would receive stricter scrutiny than the rational basis test. This means that the government's classification would have to serve an important governmental interest and be substantially related to that interest.

Question 8

What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution?

Accepted Answer

The original reason for granting Congress the power to regulate interstate commerce after the Revolution was to block protectionist restrictions on trade between states. At the time, states were imposing tariffs on goods from other states, which hindered the growth of the national economy. The Commerce Clause was added to the Constitution to give Congress the power to regulate commerce between the states and prevent such restrictions. It was not primarily intended to generate federal revenue or establish federal supremacy, although these would become important consequences of the clause's application over time. The idea of a unitary system was not central to the framers' thinking about the Commerce Clause.

Question 9

Which of the following statements regarding commercial speech is true?

Accepted Answer

Commercial speech is not protected if it misleads or seeks to promote illegal activity. This is based on the Central Hudson test, where the government may regulate commercial speech if it meets a certain level of scrutiny, but that regulation cannot be more extensive than necessary to serve a substantial government interest.

Question 10

According to _____, most of the Constitution's individual rights provisions block only the actions of government bodies, and not private bodies, in cases of violation of rights.

Accepted Answer

The concept of state action refers to the idea that most of the Constitution's individual rights provisions apply only to the actions of government bodies and not private bodies. This means that individuals cannot claim a violation of their constitutional rights unless a government entity is involved in the violation.

Question 11

The _____ is a very relaxed means-ends test of constitutionality which challenged laws usually pass with ease.

Accepted Answer

The rational basis test is the most relaxed means-ends test of constitutionality and is used to evaluate whether a challenged law is rationally related to a legitimate government interest. Challenged laws usually pass this test with ease as long as there is some conceivable rational basis for them. The intermediate scrutiny, due process test, and full strict scrutiny are all more rigorous means-ends tests that are applied when the government interest involved is more significant or if the law at issue impinges on a fundamental right.

Question 12

Which of the following is true of the Commerce Clause in present times?

Accepted Answer

In present times, the Commerce Clause has been interpreted to give the federal government extensive power to regulate economic activity that affects interstate commerce. This has allowed Congress to pass laws regulating a wide range of activities, from labor and employment laws to environmental regulations, as long as they can show a connection to interstate commerce.

Question 13

The _____ Amendment says that no state shall "deny to any person . . . the equal protection of the laws."

Accepted Answer

The Equal Protection Clause is in the Fourteenth Amendment of the US Constitution.

Question 14

Which of the following is an important state legislative power that works concurrently with many congressional powers?

Accepted Answer

Police power is an important state legislative power that works concurrently with many congressional powers. It allows states to regulate and promote the health, safety, morals, and welfare of their citizens, even when Congress has not enacted any specific laws in that area. This power helps to fill the gaps in federal law and ensures that states can effectively address local issues. While the other choices may also be important state legislative powers or congressional powers, they do not work concurrently in the same way as police power.

Question 15

Congress has the power to regulate commerce among the states. In pursuance of this power, it passed a legislation forbidding women from crossing state lines to buy or sell goods. Will the statute be held constitutional?

Accepted Answer

The statute conflicts with the equal protection guarantee under the 14th Amendment, which prohibits discrimination on the basis of sex. Therefore, it would be unconstitutional. Even though Congress has the power to regulate commerce among the states, its exercise of that power cannot violate other constitutional provisions.

Question 16

There is a provision of the means-ends tests by the Supreme Court because:

Accepted Answer

The means-ends tests are provided by the Supreme Court to ensure that no constitutional right is absolute. This means that even if an individual has a right, it must be balanced against other rights and interests, and restrictions or limitations may be imposed if necessary. Therefore, choice C is the best answer.

Question 17

Which of the following prevents the federal government from depriving "any person of life, liberty, or property, without due process of law"?

Accepted Answer

The Fifth Amendment to the U.S. Constitution prevents the federal government from depriving any person of life, liberty, or property, without due process of law.

Question 18

When is a corporation entitled to full First Amendment protection?

Accepted Answer

A corporation is entitled to full First Amendment protection when it engages in political speech, as established by the Supreme Court case Citizens United v. FEC. In this case, the court ruled that corporations have the same free speech rights as individuals and that restrictions on their political spending violated the First Amendment. Therefore, corporations are protected when they engage in political speech, such as making donations to political campaigns, running issue advocacy ads, or expressing support for a particular candidate or party.

Question 19

What is the main purpose of the taxing power?

Accepted Answer

The main purpose of the taxing power is to raise revenue for the federal government. This revenue is used to fund government programs and services, such as national defense, infrastructure, and social welfare programs. While healthcare reform and grants to the states may be funded through the federal government's budget, they are not the main purpose of the taxing power. Similarly, regulating interstate commerce is a separate power granted to the federal government under the Commerce Clause of the Constitution.

Question 20

Both Congress and state legislatures can make laws within areas covered under the concurrent powers, unless Congress preempts state regulation under the:

Accepted Answer

The Supremacy Clause of the U.S. Constitution establishes that federal law trumps state law in cases of conflict. Therefore, Congress can preempt state regulation under concurrent powers if it chooses to do so.

Quiz 3: Business and the Constitution