chapter 2 practice quiz (leb)

What did the case Gibbons v. Ogden hold? a. In Gibbons v. Ogden, the United States Supreme Court held that commerce within the states could be regulated by the national government only if the commerce substantially affected commerce within that state alone. b. In Gibbons v. Ogden, the United States Supreme Court held that international commerce with other countries could be regulated by the national government. c. In Gibbons v. Ogden, the United States Supreme Court held that commerce within the states could not be regulated by the national government even if the commerce substantially affected commerce involving more than one state. d. In Gibbons v. Ogden, the United States Supreme Court held that commerce within the states could be regulated by the national government if the commerce substantially affected commerce involving more than one state.

d. In Gibbons v. Ogden, the United States Supreme Court held that commerce within the states could be regulated by the national government if the commerce substantially affected commerce involving more than one state.

A networking club begun in North Carolina by a state university requires that all its members be under the age of 30, have college degrees, and be men. Rachel wants to join this club and is denied admission due to her gender. Rachel sues and argues that the club violates the Fourteenth Amendment guarantee of equal protection. The club defends itself by saying that the men in the club need the restriction because including women would stifle their expression. Will the club win this case, or will Rachel? a. The club, because stifling the men's expression is related to an important government objective. b. The club, because stifling the men's expression violates their right to freedom of speech. c. Rachel, because a networking club is not protected by the Fourteenth Amendment. d. Rachel, because stifling the men's expression is not related to an important government objective.

d. Rachel, because stifling the men's expression is not related to an important government objective.

Georgia completes a multi-year study that finds that trains longer than 20 train cars put a substantial burden on Georgia railroads, costing Georgia taxpayers $10 million per year in repairs. This same study also found that accidents at railroads increase by 2% for every additional train car added, costing Georgia taxpayers $3 million per year in additional medical costs. Based on this study, Georgia passes a law that requires all trains moving through Georgia to be 20 train cars or less in length. When this law is challenged in court, what will the court likely decide? a. That the law may not be enforced due to the substantial burden placed on intrastate commerce. b. That Georgia is permitted to enforce this law under the Taxing and Spending Power. c. That Georgia is permitted to enforce this law due to its police powers. d. That the law may not be enforced due to the substantial burden placed on interstate commerce

d. That the law may not be enforced due to the substantial burden placed on interstate commerce.

On the Beat magazine is distributed for free in local kiosks found on sidewalks. The magazine investigates the local city council and finds evidence of wrongdoing, including embezzlement and solicitation of contract bids for local building projects. On the Beat then begins printing articles criticizing city council members and asking for their removal. Soon after these articles are published, the city council passes a law making it illegal to use kiosks on sidewalks to distribute free newspapers and magazines, stating that banning these kiosks reduces litter. On the Beat challenges the law in court, arguing that the law will force the magazine to end publication and thus violates the freedom of speech of the journalists. What will the court likely decide in this case? a. The court will likely find that this is not a case involving freedom of speech because the city council is not telling the journalists they cannot w

d. The court will likely find that the interest of the city council in reducing litter is not compelling and can be furthered in a way that does not infringe on the rights of the journalists to exercise their freedom of speech.

Officer Patel believes Emma burglarized a house on Main Street. Officer Patel wants to search Emma's house to try to obtain evidence of Emma's involvement in the burglary. To obtain a search warrant, Officer Patel must prove a. that they have professional experience that supports their belief that Emma burglarized the house. b. that they have at least two affidavits signed by informants stating that Emma burglarized the house. c. that they have no other way to prove Emma burglarized the house, so they must be permitted to search her house to further the investigation. d. that police officers have probable cause to believe Emma burglarized the house.

d. that police officers have probable cause to believe Emma burglarized the house.

In a federal form of government, the national government is the sole sovereign power. True False

false

The Bill of Rights protects individuals against various types of interference by other individuals. True False

false

The USA Patriot Act gives United States citizens the right to sue the government when the government gains access to personal financial information and student information. True False

false

Rita lives in Butler, Tennessee, and rents a condo there. Robert also lives in Butler, Tennessee, and owns a condo. Rita does not receive a tax deduction for the rental condo. Robert does receive a tax deduction for the owned condo. Does this violate the Fourteenth Amendment? a. Yes, because they both pay taxes, so they are similarly situated individuals. b. Yes, because they live in the same town, so they are similarly situated individuals. C. No, because Rita rents and Robert owns, so they are not similarly situated individuals. d. No, because Rita does not receive a tax deduction, and Robert does, so they are not similarly situated individuals.

C. No, because Rita rents and Robert owns, so they are not similarly situated individuals.

Georgia completes a multi-year study that finds that trains longer than 20 train cars put a substantial burden on Georgia railroads, costing Georgia taxpayers $10 million per year in repairs. This same study also found that accidents at railroads increase by 2% for every additional train car added, costing Georgia taxpayers $3 million per year in additional medical costs. Based on this study, Georgia passes a law that requires all trains moving through Georgia to be 20 train cars or less in length. When this law is challenged in court, what will the court consider in rendering its decision? a. Georgia's interest in regulating the length of train cars and the burden Georgia's regulation places on interstate commerce. b. Georgia's interest in regulating the length of train cars only. c. Whether Georgia was permitted to pass this law pursuant to its police powers. d. The burden Georgia's regulation places on interstate

a. Georgia's interest in regulating the length of train cars and the burden Georgia's regulation places on interstate commerce.

n an equal protection inquiry, when a law or action distinguishes between or among individuals, the basis for the classification is examined. Depending on the classification, the courts apply different levels of scrutiny to determine whether the law or action violates the equal protection clause. What are these standards? a. Strict scrutiny, intermediate scrutiny, and the rational basis test b. Due process, equal protection, and reasonableness c. Compelling interest, narrow application, and substantial effect d. Constitutional, statutory, and judicial review

a. Strict scrutiny, intermediate scrutiny, and the rational basis test

On the Beat magazine is distributed for free in local kiosks found on sidewalks. The magazine investigates the local city council and finds evidence of wrongdoing, including embezzlement and solicitation of contract bids for local building projects. On the Beat then begins printing articles criticizing city council members and asking for their removal. Soon after these articles are published, the city council passes a law making it illegal to use kiosks on sidewalks to distribute free newspapers and magazines, stating that banning these kiosks reduces litter. On the Beat challenges the law in court, arguing that the law will force the magazine to end publication and thus violates the freedom of speech of the journalists. What will the court consider in making its decision? a. The interest of local government, the city council, will be balanced against the journalists' constitutional right to free expression. b. Only

a. The interest of local government, the city council, will be balanced against the journalists' constitutional right to free expression.

The Indiana state legislature passes a law that states that all prescriptions written by a doctor for a drug that could have addictive effects must be signed by two doctors to be filled by any Indiana pharmacy. Dr. Jones believes the Indiana state legislature does not have the power to pass such a law and sues the state of Indiana to bar enforcement of this law. What argument may the state of Indiana make in court to support the power of the state to pass such a law? a. Indiana may argue that the state has the power to pass this law pursuant to the supremacy clause of the state constitution. b. Indiana may argue that the state has the power to pass this law pursuant to the police powers of the state. c. Indiana may argue that the state has the power to pass this law because this law only applies to Indiana pharmacies. d. Indiana may argue that the state has the power to pass this law pursuant to the privileges and im

b. Indiana may argue that the state has the power to pass this law pursuant to the police powers of the state.

An Arizona town, Saddle Run, is having a budget crisis. As a result, the local police department is reduced by 10% and the local elementary school is merged with an elementary school in the town next to Saddle Run. To help ease this budgetary burden, the local Methodist church proposes an agreement between the local government and the church, whereby Saddle Run residents may rent the church hall for private functions. In return, local government agrees to endorse these rentals and subsidize the rentals by paying the church $300 per month. The church assures local government that the church will not discriminate on the basis of religion regarding any request to rent the church hall for any event. Is this arrangement legal? a. No, because this arrangement violates the free exercise clause of the First Amendment. b. No, because this arrangement does not violate the establishment clause of the First Amendment. c. Yes, be

b. No, because this arrangement does not violate the establishment clause of the First Amendment.

Fitters Hardware, Inc. is being sued by a competitor for antitrust violations. The CEO of Fitters Hardware, Inc., Sam, has been embezzling money from the corporation for years. In the discovery phase of the lawsuit, the plaintiff requests all the business records of Fitters Hardware. Sam refuses to give the plaintiff these records, knowing they will incriminate Sam. Will Sam have to give the records to the plaintiff? a. No, because the Fifth Amendment's guarantee against self-incrimination applies to the CEO of a corporation because the CEO and the corporation are closely linked. b. Yes, because the Fifth Amendment's guarantee against self-incrimination does not apply to corporations. c. No, because the Fifth Amendment's guarantee against self-incrimination applies when the business records will clearly incriminate an individual. d. Yes, because the Fifth Amendment's guarantee against self-incrimination does not appl

b. Yes, because the Fifth Amendment's guarantee against self-incrimination does not apply to corporations.

Ohio passes a law requiring that anyone working in Ohio, but living in a different state, must pay a yearly occupational tax of $5,000. Barb, a Kentucky resident working in Ohio, sues and argues that this law is unenforceable. Will Barb likely be successful in court? a. No, because this law is permitted under the commerce clause. b. Yes, because this law violates the privileges and immunities clause. c. No, because this law is permitted under the police powers of Ohio. d. Yes, because this law violates the Tenth Amendment.

b. Yes, because this law violates the privileges and immunities clause.

What did the U.S. Supreme Court hold in the Griswold v. Connecticut case? a. In the Griswold v. Connecticut case, the U.S. Supreme Court held that a constitutional right to freedom of religion was implied by the First, Third, Fourth, Fifth, and Ninth Amendments. b. In the Griswold v. Connecticut case, the U.S. Supreme Court held that there existed no constitutional right to privacy implied by the First, Third, Fourth, Fifth, and Ninth Amendments. c. In the Griswold v. Connecticut case, the U.S. Supreme Court held that a constitutional right to privacy was implied by the First, Third, Fourth, Fifth, and Ninth Amendments. d. In the Griswold v. Connecticut case, the U.S. Supreme Court held that an individual was permitted to sue the government for violations of the individual's rights under the First, Third, Fourth, Fifth, and Ninth Amendments.

c. In the Griswold v. Connecticut case, the U.S. Supreme Court held that a constitutional right to privacy was implied by the First, Third, Fourth, Fifth, and Ninth Amendments.

Andrea has a small garden in her backyard that she maintains by buying locally produced seeds and plants, and by using gardening tools made locally by her friend Bob. This summer, Andrea had more tomatoes than she had expected. Because of this, she put a sign on her lawn inviting neighbors to take tomatoes, for free, on Mondays. Some neighbors did take some tomatoes, but they bought tomatoes at the local grocery store as well. Because Andrea gave some of her tomatoes away, she also bought tomatoes during the summer at a local grocery store. What impact does the commerce clause have on Andrea? a. The commerce clause covers these transactions because they involve interstate commerce. b. The commerce clause covers these transactions because they have a substantial effect on interstate commerce. c. None, because this is an example of intrastate commerce. d. None, because Andrea is not selling the tomatoes.

c. None, because this is an example of intrastate commerce.

Jackie and Tyler are married and have lived in Nebraska for 5 years. Jackie and Tyler decide to divorce and file for divorce in Nebraska. The couple receive a Nebraska divorce decree which divides up their marital debt and marital property and gives Jackie physical custody of their child. A year later, Tyler moves to Kansas. In the Nebraska divorce decree, Jackie was required to pay off a mortgage on property the couple owned at the time of their divorce. Jackie has still not paid off this mortgage. Because Tyler now lives in Kansas, Tyler asks the Kansas court to enforce the Nebraska divorce decree and order Jackie to pay off the mortgage. What will the Kansas court decide? a. The Kansas court will tell Tyler he must return to Nebraska to enforce the divorce decree because the divorce decree was entered in Nebraska. b. The Kansas court will defer to a federal court to resolve this now that two different states are i

c. The Kansas court will honor the Nebraska divorce decree and order Jackie to follow the Nebraska divorce decree order.

Andrea has a small garden in her backyard in Vermont that she maintains by buying seeds and plants from California, and by using gardening tools made locally by her friend Bob. This summer, Andrea had more tomatoes than she had expected. Because of this, Andrea sold her tomatoes at a local farmer's market at a price much lower than the local grocery store price. Some neighbors did buy Andrea's tomatoes, but they bought tomatoes at the local grocery store as well. Because Andrea sold some of her tomatoes, Andrea also bought tomatoes during the summer at a local grocery store. What impact does the commerce clause have on Andrea? a. None, because this is an example of intrastate commerce. b. The commerce clause covers these transactions because they involve intrastate commerce. c. The commerce clause covers these transactions because they have a substantial effect on interstate commerce. d. None, because Andrea is selli

c. The commerce clause covers these transactions because they have a substantial effect on interstate commerce.

Travis and LeeAnn attend a church that requires its parishioners not to vaccinate their children. Travis and LeeAnn have two daughters. The couple divorce, and LeeAnn stops attending the church. LeeAnn takes their daughters to a doctor to be vaccinated. When Travis discovers this, he asks the court to order that LeeAnn not take their daughters to be vaccinated again. Travis argues that these vaccinations violate his right to freely exercise his religion under the First Amendment. What will the court likely rule? a. The court will likely rule that LeeAnn may not take their daughters to be vaccinated because, after a divorce, the presiding judge is required to make medical decisions for the minor children to reduce the adversarial nature of divorce. b. The court will likely rule that LeeAnn may take their daughters to be vaccinated because, after a divorce, parents may not impose their religious beliefs on their childr

c. The court will likely rule that LeeAnn may take their daughters to be vaccinated and that this does not violate Travis's right to freely exercise his religion.

What does the dormant commerce clause mean regarding the power of the national government and state governments? a. The national government has the power to regulate not just interstate commerce, but international commerce as well. b. The national government may only regulate commerce with a substantial impact on interstate commerce. c. The states do not have the authority to regulate interstate commerce. d. The states do not have the authority to regulate intrastate commerce.

c. The states do not have the authority to regulate interstate commerce.

Which constitutional clause has had a greater impact on business than any other constitutional provision? a. The full faith and credit clause b. The Bill of Rights c. The commerce clause d. The privileges and immunities clause

c. the commerce clause

State regulatory powers are referred to as police powers. True False

true

The due process clause states that no person shall be deprived "of life, liberty, or property, without due process of law." True False

true