Business Law Jane Mallor 16th Edition – Test Bank

 

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Sample Test

Chapter 03

Business and the Constitution

 

True / False Questions

1.	Article V of the Constitution makes the Constitution, laws, and treaties of the United States Supreme over state law. True    False

 

2.	The exercise of the power of judicial review depends on the court’s reading of the Constitution. True    False

 

3.	Congress cannot invalidate state laws that are passed pursuant to the state’s police power. True    False

 

4.	The Fourteenth Amendment’s equal protection guarantee has been made applicable to federal government action through incorporation of it within the Fifth Amendment’s Due Process Clause. True    False

 

5.	The “ends” component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right. True    False

 

6.	Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech. True    False

 

7.	The First Amendment prohibits state regulation of deceptive commercial advertising. True    False

 

8.	Federal restrictions that forbid beer producers from listing the alcohol content of their beer on product labels are unconstitutional. True    False

 

9.	Today, social and economic regulations generally receive rational basis review when they are challenged on the grounds of equal protection. True    False

 

10.	Today, discrimination on the basis of gender receives more strict scrutiny than discrimination on the basis of race. True    False

 

11.	Government action that discriminates on the basis of illegitimacy receives full strict scrutiny. True    False

 

12.	The Contract Clause applies only to state laws that impair past contracts—contracts made before passage of the state law in question. True    False

 

13.	A state law unconstitutionally burdens interstate commerce only when it violates a federal statute that was enacted under the Commerce Clause. True    False

 

14.	If a state law discriminates against interstate commerce, then the strictest scrutiny will be applied in the determination of its constitutionality. True    False

 

15.	The Takings Clause comes from the Fifth Amendment of the Constitution. True    False

 

16.	The constitutional right of privacy includes various rights that the Supreme Court has recognized as fundamental for citizens and families. True    False

 

 

Multiple Choice Questions

17.	The U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts. This is the principle of: A. separation of powers.   B. federal supremacy.   C. judicial review.   D. due process of law.

 

18.	_____ enumerates the principle of federal supremacy. A. Article III   B. Article IV   C. Article V   D. Article VI

 

19.	Which of the following gives the president executive power? A. Congress   B. The Supreme Court   C. The U.S. Constitution   D. State legislatures

 

20.	Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional? A. Judicial review   B. Federal supremacy   C. Federalism   D. Separation of powers

 

21.	Enumerated powers are those powers that the _____ can exercise. A. states   B. Congress   C. U.S. Supreme Court   D. trial courts

 

22.

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? A. Yes, because Congress has the power to regulate interstate commerce.   B. Yes, because Congress has not exceeded its enumerated power in enacting the legislation.   C. No, because it conflicts with equal protection guarantee.   D. Yes, because federal laws are always superior.

 

23.	Both Congress and state legislatures can make laws within areas covered under the concurrent powers, unless Congress preempts state regulation under the: A. supremacy clause.   B. Takings clause.   C. “checks and balances” system.   D. regulatory clause.

 

24.	Which of the following is an important state legislative power that works concurrently with many congressional powers? A. Enumerated power   B. Police power   C. Independent checks   D. Taxing power

 

25.	What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution? A. To generate federal revenue   B. To establish federal supremacy   C. To block protectionist restrictions on trade   D. To enable a transition to a unitary system

 

26.

The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating: A. the channels of interstate commerce.   B. and protecting the instrumentalities of interstate commerce.   C. persons or things in interstate commerce.   D. activities that substantially affect interstate commerce.

 

27.

Which of the following is true of the Commerce Clause in present times? A. It has become a federal power with an extensive regulatory reach.   B. It no longer blocks state regulations that hinder interstate commerce.   C. It has been preempted by the federal taxing and spending powers.   D. It allows Congress to regulate interstate commerce but not intrastate activities affecting it.

 

28.	What is the main purpose of the taxing power? A. To enact healthcare reform law.   B. To regulate grants to the states.   C. To regulate interstate commerce.   D. To raise revenue for the federal government.

 

29.	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? A. The Commerce Clause   B. The taxing power   C. The spending power   D. The Necessary and Proper Clause

 

30.	Which of the following prevents the federal government from depriving “any person of life, liberty, or property, without due process of law”? A. First Amendment   B. Fifth Amendment   C. Fourteenth Amendment   D. Fifteenth Amendment

 

31.	The _____ Amendment says that no state shall “deny to any person … the equal protection of the laws.” A. Fifth   B. Tenth   C. Fourteenth   D. Sixteenth

 

32.	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. A. independent checks   B. due process   C. state action   D. federal supremacy

 

33.	There is a provision of the means-ends tests by the Supreme Court because: A. individual rights must be protected at any cost.   B. the correct procedure of law has to be followed.   C. no constitutional right is absolute.   D. the conduct of public officials must be scrutinized.

 

34.	The _____ is a very relaxed means-ends test of constitutionality which challenged laws usually pass with ease. A. rational basis test   B. intermediate scrutiny   C. due process test   D. full strict scrutiny

 

35.	The sex discrimination test is an example of the: A. rational basis test.   B. intermediate scrutiny.   C. full strict scrutiny test.   D. due process test.

 

36.	“The challenged law must be necessary to the fulfillment of a compelling government purpose.” This is laid down for the: A. rational basis test.   B. intermediate scrutiny.   C. full strict scrutiny test.   D. still-controlling test.

 

37.	Which of the following would receive stricter scrutiny than the rational basis test? A. Right to own a business   B. Right of teenagers to congregate   C. Classifications based on gender   D. Right to advertise

 

38.	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? A. Commercial speech   B. Artistic speech   C. Advertisements   D. Political speech

 

39.	When is a corporation entitled to full First Amendment protection? A. When it engages in artistic speech.   B. When it works for the public good.   C. When it aids in promoting federal power.   D. When it engages in political speech.

 

40.

Which of the following is true of noncommercial speech? A. It does not cover political speech.   B. Books, musical works, and journal articles are classified as noncommercial speech, but are not fully protected due to the existence of an underlying profit motive.   C. It receives the full benefit of the First Amendment protection.   D. Any kind of corporate speech is classified as noncommercial speech.

 

41.

Which of the following statements regarding commercial speech is true? A. It enjoys the same First Amendment protection as political expression.   B. It is not protected if it misleads or seeks to promote an illegal activity.   C. It receives rational basis protection, if it is not misleading.   D. Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected.

 

42.	In the context of commercial speech, the Supreme Court developed the _____ test which amounts to intermediate scrutiny. A. means-ends   B. still-controlling   C. proximate cause   D. rational basis

 

43.

Which of the following characterizes procedural due process? A. The procedures are clearly laid in the Constitution.   B. It entitles one to a fair hearing before action is taken.   C. It challenges rules that set standards of behavior for organized social life.   D. It does not require adequate notice to be given before action.

 

44.	The rights to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of: A. substantive due process.   B. equal protection.   C. procedural due process.   D. economic due process.

 

45.	Which of the following is applied to the equal protection standard? A. The due process test   B. The still-controlling test   C. The proximate cause test   D. The rational basis test

 

46.

Which of the following is generally subject to a rational basis review? A. Regulation of political speech that is challenged under the First Amendment.   B. Regulation of commercial speech that is challenged under the First Amendment.   C. Laws that discriminate on the basis of illegitimacy.   D. Laws that regulate social and economic matters.

 

47.	The equal protection standard is generally judged in a lenient manner. However, laws that discriminate regarding _____ are made to undergo a much more rigorous test. A. education   B. profession   C. race   D. age

 

48.	Which of the following has NOT been categorized as a suspect class? A. Race and national origin   B. Alienage   C. Sexual orientation   D. Illegitimacy

 

49.

Which of the following is true of the Contract Clause? A. It applies to laws that impair contracts made after the law’s passage.   B. It imposes tougher standards on government contracts than on private contracts.   C. It does not apply to government contracts.   D. It has gradually increased in importance from the 19th century to the 20th century.

 

50.

Which of the following is also known as the “dormant” Commerce Clause? A. Power of Congress to regulate interstate commerce.   B. Power of Congress to regulate instrumentalities of interstate commerce.   C. Limits on the states’ ability to burden interstate commerce.   D. Limits on Congress to burden states with taxes.

 

51.

In general, which of the following is least likely to unconstitutionally burden interstate commerce? A. A state law requiring that all state vehicles burn gasoline produced and refined within the state.   B. A state law imposing tougher purity standards on food imported from out of state than from food produced in-state.   C. A state law requiring in-state liquor distillers to post the prices at which they will sell in-state, and not to exceed those prices when they sell in other states.   D. A state tax on gasoline that makes it more expensive for trucking companies to route their trucks through the state.

 

52.	Which of the following independent checks blocks only state laws and not federal laws? A. Equal protection   B. The First Amendment   C. Federal preemption   D. Due process

 

53.

Federal regulation is considered to be officially “pervasive” when: A. Congress has given an administrative agency broad regulatory power in a particular area.   B. there is literal conflict between the measures by different states.   C. the state regulation is an obstacle to federal regulations.   D. there is a conflict regarding a federal issue between private citizens.

 

54.	The central question in most federal preemption cases is: A. the intent of the Congress.   B. whether the federal law is supreme.   C. whether due process was afforded.   D. the application of the doctrine of judicial review.

 

55.

Under the Takings Clause, a “taking”: A. occurs when the government uses formal eminent domain procedures to condemn private property.   B. can only be of land, and not of other kinds of property.   C. cannot occur through government regulation that merely diminishes the value of private property.   D. cannot occur by simply an invasion of private property.

 

56.

Which of the following is a characteristic of the “Takings Clause”? A. It includes issues of property as well as the sale of goods.   B. It protects the public from government intrusion into their property.   C. Private property can be taken for public use, without any reparation.   D. The property owner must receive just compensation.

 

 

Essay Questions

57.

In Kasky v. Nike, Inc., the California Supreme Court drew a distinction between a noncommercial speaker’s statements criticizing a product are generally noncommercial speech and a commercial speaker’s statements in praise or support of the same product. What was this distinction, and why did the California Supreme Court make it?

 

58.

Mark, an untenured Assistant Professor of Business Law at a public university, is fired from his job for supposedly misbehaving with students in class. Since the firing took place without any kind of hearing, Mark wants to challenge it on procedural due process grounds. Will Mark’s claim succeed? Assume that the university did not publicize the reasons for Mark’s discharge, and will not tell anyone why he was discharged.

 

59.	A state passes a minimum wage law. Fred Whitby, President of Unisys Corporation, is certain that it is unconstitutional. For example, Fred argues that the Constitution’s Contract Clause plainly renders the law unconstitutional. Is Fred right? Why or why not?

 

60.	State a situation where state law is preempted by federal regulation.

 

61.	Under what two conditions is a governmental taking of property unconstitutional? Should both of these conditions be satisfied in order for a taking to offend the constitution, or is only one condition necessary enough?

 

Chapter 03 Business and the Constitution Answer Key

True / False Questions

1.

Article V of the Constitution makes the Constitution, laws, and treaties of the United States Supreme over state law. FALSE Article VI of the Constitution makes the Constitution, laws, and treaties of the United States supreme over state law. Article V of the Constitution sets forth the procedures for amending the Constitution.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: An Overview of the U.S. Constitution

 

2.	The exercise of the power of judicial review depends on the court’s reading of the Constitution. TRUE Under the power of judicial review, courts can declare the actions of other government bodies unconstitutional. How courts exercise this power depends on how they choose to read the Constitution.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: The Evolution of the Constitution and the Role of the Supreme Court

 

3.	Congress cannot invalidate state laws that are passed pursuant to the state’s police power. FALSE The Congress can preempt state regulation under the supremacy clause.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: State and Federal Power to Regulate

 

4.

The Fourteenth Amendment’s equal protection guarantee has been made applicable to federal government action through incorporation of it within the Fifth Amendment’s Due Process Clause. TRUE The Fourteenth Amendment’s equal protection guarantee has been made applicable to federal government action through incorporation of it within the Fifth Amendment’s Due Process Clause.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-03 Describe the incorporation doctrine’s role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions. Topic: Independent Checks on the Federal Government and the States

 

5.	The “ends” component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right. TRUE The “ends” component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny; intermediate scrutiny; and rational basis). Topic: Independent Checks on the Federal Government and the States

 

6.

Corporations engaging in political expression are entitled to the same First Amendment protection as an individual engaged in such speech. TRUE If a corporation engages in political or other noncommercial expression, it is entitled to full First Amendment protection, just as an individual would be if he/she engaged in such speech.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

7.	The First Amendment prohibits state regulation of deceptive commercial advertising. FALSE There is no First Amendment obstacle to federal or state regulation of deceptive commercial advertising.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

8.

Federal restrictions that forbid beer producers from listing the alcohol content of their beer on product labels are unconstitutional. TRUE In Coors v. Rubin (1995), the Supreme Court struck down federal restrictions that kept beer producers from listing the alcohol content of their beer on product labels.

 

AACSB: Ethics AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

9.	Today, social and economic regulations generally receive rational basis review when they are challenged on the grounds of equal protection. TRUE The rational basis review/test is the standard usually applied to social and economic regulations that are challenged as denying equal protection.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-07 Identify the instances when an Equal Protection Clause-based challenge to government action triggers more rigorous scrutiny than the rational basis test. Topic: Independent Checks on the Federal Government and the States

 

10.	Today, discrimination on the basis of gender receives more strict scrutiny than discrimination on the basis of race. FALSE Discrimination on the basis of race receives full strict scrutiny while gender discrimination receives intermediate scrutiny.

 

AACSB: Diversity AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-07 Identify the instances when an Equal Protection Clause-based challenge to government action triggers more rigorous scrutiny than the rational basis test. Topic: Independent Checks on the Federal Government and the States

 

11.	Government action that discriminates on the basis of illegitimacy receives full strict scrutiny. FALSE Government action that discriminates on the basis of illegitimacy receives intermediate scrutiny.

 

AACSB: Diversity AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-07 Identify the instances when an Equal Protection Clause-based challenge to government action triggers more rigorous scrutiny than the rational basis test. Topic: Independent Checks on the Federal Government and the States

 

12.	The Contract Clause applies only to state laws that impair past contracts—contracts made before passage of the state law in question. TRUE The Contract Clause deals with state laws that change the parties’ performance obligations under an existing contract after that contract has been made.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-07 Identify the instances when an Equal Protection Clause-based challenge to government action triggers more rigorous scrutiny than the rational basis test. Topic: Independent Checks Applying Only to the States

 

13.	A state law unconstitutionally burdens interstate commerce only when it violates a federal statute that was enacted under the Commerce Clause. FALSE The Commerce Clause limits the states’ ability to burden or discriminate against interstate commerce.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-08 Explain the burden-on-commerce doctrine’s role in making certain state government actions unconstitutional. Topic: Independent Checks Applying Only to the States

 

14.	If a state law discriminates against interstate commerce, then the strictest scrutiny will be applied in the determination of its constitutionality. TRUE In a 1994 case, the Supreme Court ruled that if a state law discriminates against interstate commerce, the strictest scrutiny will be applied.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-08 Explain the burden-on-commerce doctrine’s role in making certain state government actions unconstitutional. Topic: Independent Checks Applying Only to the States

 

15.	The Takings Clause comes from the Fifth Amendment of the Constitution. TRUE The Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.”

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-10 Explain the power granted to the government by the Takings Clause; as well as the limits on that power. Topic: Independent Checks Applying Only to the States

 

16.	The constitutional right of privacy includes various rights that the Supreme Court has recognized as fundamental for citizens and families. TRUE The Supreme Court has declared that the right of privacy includes the rights to marry, have children and direct one’s children’s education and upbringing.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 1 Easy Learning Objective: 03-06 Explain the difference between procedural due process and substantive due process. Topic: Independent Checks on the Federal Government and the States

 

Multiple Choice Questions

17.

The U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts. This is the principle of: A. separation of powers.   B. federal supremacy.   C. judicial review.   D. due process of law. According to the principle of separation of powers, the U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: An Overview of the U.S. Constitution

 

18.	_____ enumerates the principle of federal supremacy. A. Article III   B. Article IV   C. Article V   D. Article VI Article VI makes the Constitution, laws, and treaties of the United States supreme over state law. In other words, it enumerates the principle of federal supremacy.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: An Overview of the U.S. Constitution

 

19.	Which of the following gives the president executive power? A. Congress   B. The Supreme Court   C. The U.S. Constitution   D. State legislatures Article II of the U.S. Constitution gives the president the executive power—the power to execute or enforce the laws passed by Congress.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: An Overview of the U.S. Constitution

 

20.

Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional? A. Judicial review   B. Federal supremacy   C. Federalism   D. Separation of powers Under the power of judicial review, courts can declare the actions of other government bodies unconstitutional; and how courts exercise this power depends on how they choose to read the Constitution.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: The Evolution of the Constitution and the Role of the Supreme Court

 

21.	Enumerated powers are those powers that the _____ can exercise. A. states   B. Congress   C. U.S. Supreme Court   D. trial courts The U.S. Constitution lists the powers that Congress can exercise; these are called enumerated powers.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: The Coverage and Structure of This Chapter

 

22.

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? A. Yes, because Congress has the power to regulate interstate commerce.   B. Yes, because Congress has not exceeded its enumerated power in enacting the legislation.   C. No, because it conflicts with equal protection guarantee.   D. Yes, because federal laws are always superior. The equal protection guarantee serves as a check on the enumerated power given to Congress to regulate commerce among the states.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 3 Hard Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: The Coverage and Structure of This Chapter

 

23.

Both Congress and state legislatures can make laws within areas covered under the concurrent powers, unless Congress preempts state regulation under the: A. supremacy clause.   B. Takings clause.   C. “checks and balances” system.   D. regulatory clause. In many other areas, Congress and the state legislatures have concurrent powers, i.e., both can make law within those areas. However, Congress preempts state regulation under the supremacy clause.

 

AACSB: Ethics AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: State and Federal Power to Regulate

 

24.

Which of the following is an important state legislative power that works concurrently with many congressional powers? A. Enumerated power   B. Police power   C. Independent checks   D. Taxing power Police power is an important state legislative power that works concurrently with congressional powers to regulate for the public health, safety, morals, and welfare.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Describe the role of courts in interpreting constitutions and in determining whether statutes or other government actions are constitutional. Topic: State and Federal Power to Regulate

 

25.

What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution? A. To generate federal revenue   B. To establish federal supremacy   C. To block protectionist restrictions on trade   D. To enable a transition to a unitary system The original reason for giving Congress the power to regulate interstate commerce was to nationalize economic matters by blocking the protectionist state restrictions on interstate trade that were common after the Revolution.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-02 Explain the key role of the U.S. Constitution’s Commerce Clause in authorizing action by Congress. Topic: State and Federal Power to Regulate

 

26.

The Commerce Clause has become a federal power with an extensive regulatory reach. This is largely due to judicial decisions regulating: A. the channels of interstate commerce.   B. and protecting the instrumentalities of interstate commerce.   C. persons or things in interstate commerce.   D. activities that substantially affect interstate commerce. The literal language of the Commerce Clause simply empowers Congress to regulate commerce that occurs among the states. However, due to judicial decisions regarding congressional action regulating activities that substantially affect interstate commerce, the Commerce Clause has become a federal power with an extensive regulatory reach.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-02 Explain the key role of the U.S. Constitution’s Commerce Clause in authorizing action by Congress. Topic: State and Federal Power to Regulate

 

27.

Which of the following is true of the Commerce Clause in present times? A. It has become a federal power with an extensive regulatory reach.   B. It no longer blocks state regulations that hinder interstate commerce.   C. It has been preempted by the federal taxing and spending powers.   D. It allows Congress to regulate interstate commerce but not intrastate activities affecting it. The Commerce Clause gives Congress the power to regulate activities that substantially affect interstate commerce. Due to several judicial decisions in this area, the Clause has become a federal power with an extensive regulatory reach.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-02 Explain the key role of the U.S. Constitution’s Commerce Clause in authorizing action by Congress. Topic: State and Federal Power to Regulate

 

28.

What is the main purpose of the taxing power? A. To enact healthcare reform law.   B. To regulate grants to the states.   C. To regulate interstate commerce.   D. To raise revenue for the federal government. The main purpose of the taxing power, explained in Article I, Section 8 of the Constitution, is to provide a means of raising revenue for the federal government.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-02 Explain the key role of the U.S. Constitution’s Commerce Clause in authorizing action by Congress. Topic: State and Federal Power to Regulate

 

29.

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? A. The Commerce Clause   B. The taxing power   C. The spending power   D. The Necessary and Proper Clause Article I, Section 8 concludes with a provision granting Congress the further power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers ….” This actually augments the powers of Congress by permitting Congress to enact laws that are useful or conducive to the exercise of those enumerated powers.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-02 Explain the key role of the U.S. Constitution’s Commerce Clause in authorizing action by Congress. Topic: State and Federal Power to Regulate

 

30.

Which of the following prevents the federal government from depriving “any person of life, liberty, or property, without due process of law”? A. First Amendment   B. Fifth Amendment   C. Fourteenth Amendment   D. Fifteenth Amendment The Fifth Amendment prevents the federal government from depriving “any person of life, liberty, or property, without due process of law.”

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-03 Describe the incorporation doctrine’s role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions. Topic: Independent Checks on the Federal Government and the States

 

31.

The _____ Amendment says that no state shall “deny to any person … the equal protection of the laws.” A. Fifth   B. Tenth   C. Fourteenth   D. Sixteenth The Fourteenth Amendment says that no state shall “deny to any person . . . the equal protection of the laws.” It guarantees the right of equal protection to all citizens.

 

AACSB: Diversity AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-03 Describe the incorporation doctrine’s role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions. Topic: Independent Checks on the Federal Government and the States

 

32.

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. A. independent checks   B. due process   C. state action   D. federal supremacy Most of the Constitution’s individual rights provisions block only the actions of government bodies, federal, state, and local. Private behavior that denies individual rights, while perhaps forbidden by statute, is very seldom a constitutional matter. This government action or state action requirement forces courts to distinguish between governmental behavior and private behavior.

 

AACSB: Ethics AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-03 Describe the incorporation doctrine’s role in making most guarantees of the Bill of Rights operate to protect persons not only against certain federal government actions but also against certain state and local government actions. Topic: Independent Checks on the Federal Government and the States

 

33.

There is a provision of the means-ends tests by the Supreme Court because: A. individual rights must be protected at any cost.   B. the correct procedure of law has to be followed.   C. no constitutional right is absolute.   D. the conduct of public officials must be scrutinized. Such tests have been developed by the Supreme Court because no rights are absolute and courts have to strike a balance between individual rights and the social needs that may justify their suppression.

 

AACSB: Ethics AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-04 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny; intermediate scrutiny; and rational basis). Topic: Independent Checks on the Federal Government and the States

 

34.

The _____ is a very relaxed means-ends test of constitutionality which challenged laws usually pass with ease. A. rational basis test   B. intermediate scrutiny   C. due process test   D. full strict scrutiny This rational basis test is a very relaxed test of constitutionality that challenged laws usually pass with ease. A typical formulation of the rational basis test might say that government action need only have a reasonable relation to the achievement of a legitimate government purpose to be constitutional.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny; intermediate scrutiny; and rational basis). Topic: Independent Checks on the Federal Government and the States

 

35.

The sex discrimination test is an example of the: A. rational basis test.   B. intermediate scrutiny.   C. full strict scrutiny test.   D. due process test. The sex discrimination test is a means-ends test developed by the Supreme Court. These tests determine how courts strike the balance between individual rights and the social needs that may justify their suppression. The sex discrimination test receives intermediate scrutiny.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 2 Medium Learning Objective: 03-04 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny; intermediate scrutiny; and rational basis). Topic: Independent Checks on the Federal Government and the States

 

36.

“The challenged law must be necessary to the fulfillment of a compelling government purpose.” This is laid down for the: A. rational basis test.   B. intermediate scrutiny.   C. full strict scrutiny test.   D. still-controlling test. Governments may offer this justification for certain activities, which then makes those activities subject to a full strict scrutiny test. Government action that is subjected to this rigorous test of constitutionality is usually struck down.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-04 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny; intermediate scrutiny; and rational basis). Topic: Independent Checks on the Federal Government and the States

 

37.

Which of the following would receive stricter scrutiny than the rational basis test? A. Right to own a business   B. Right of teenagers to congregate   C. Classifications based on gender   D. Right to advertise The rational basis test is a very relaxed test of constitutionality that challenged laws usually pass with ease. However, the sex discrimination test is an example of intermediate scrutiny.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 2 Medium Learning Objective: 03-04 Explain the differences among the means-ends tests used by courts when the constitutionality of government action is being determined (strict scrutiny; intermediate scrutiny; and rational basis). Topic: Independent Checks on the Federal Government and the States

 

38.

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? A. Commercial speech   B. Artistic speech   C. Advertisements   D. Political speech The First Amendment protects speech of a literary or artistic nature, speech dealing with scientific, economic, educational, and ethical issues, and expression on many other matters of public interest or concern. However, it is political speech—expression that deals in some fashion with government, government issues or policies, public officials, or political candidates—that is often described as being at the “core” of the First Amendment.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

39.

When is a corporation entitled to full First Amendment protection? A. When it engages in artistic speech.   B. When it works for the public good.   C. When it aids in promoting federal power.   D. When it engages in political speech. If a corporation engages in political or other noncommercial expression, it is entitled to full First Amendment protection, just as an individual would be if he/she engaged in such speech.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

40.

Which of the following is true of noncommercial speech? A. It does not cover political speech.   B. Books, musical works, and journal articles are classified as noncommercial speech, but are not fully protected due to the existence of an underlying profit motive.   C. It receives the full benefit of the First Amendment protection.   D. Any kind of corporate speech is classified as noncommercial speech. Some corporate speech is classified as commercial speech, and though all corporate speakers have First Amendment rights, not all speech of a corporation is fully protected. Books, musical works, and journal articles are normally classified as noncommercial speech—and are thus fully protected—despite the typical existence of an underlying profit motive.

 

AACSB: Ethics AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

41.

Which of the following statements regarding commercial speech is true? A. It enjoys the same First Amendment protection as political expression.   B. It is not protected if it misleads or seeks to promote an illegal activity.   C. It receives rational basis protection, if it is not misleading.   D. Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected. Commercial speech receives no protection if it misleads or seeks to promote an illegal activity. As a result, there is no First Amendment obstacle to federal or state regulation of deceptive commercial advertising. Movies, television programs, and magazine articles are normally classified as noncommercial speech and are thus fully protected.

 

AACSB: Analytical Thinking AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 2 Medium Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States

 

42.

In the context of commercial speech, the Supreme Court developed the _____ test which amounts to intermediate scrutiny. A. means-ends   B. still-controlling   C. proximate cause   D. rational basis Roughly three decades ago, the Supreme Court developed a still-controlling test that amounts to intermediate scrutiny. Under this test, a government restriction on protected commercial speech does not violate the First Amendment if the government proves that a substantial government interest underlies the restriction, that the restriction directly advances the underlying interest, and that the restriction is no more extensive than necessary to further the interest.

 

AACSB: Ethics Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 2 Medium Learning Objective: 03-05 Describe the differences between noncommercial speech and commercial speech and the respective levels of First Amendment protection they receive. Topic: Independent Checks on the Federal Government and the States