Chapter 3: Business and the Constitution

The Bill of Rights consists of amendments designed to address a wide variety of objections raised by the Blank______, who initially opposed ratification of the Constitution.

Anti-Federalists

The Constitution enumerates a series of delegated powers to Congress, that are listed in ________.

Article 1 Section 8

_______ of the Constitution vests general "executive power" in the President.

Article II

The Eighth Amendment limits the power of ______ when enacting criminal statutes, as well as the power of ______ when they are exercising their sentencing powers in criminal cases.

Congress Judges

The _______ Amendment guarantees that all criminal defendants would have the right to a speedy and public trial before an impartial jury.

Sixth

The ______ Amendment embodies the structural principle of federalism, the idea that the United States contains two separate sources of political power: the states and the federal government.

Tenth

The first three articles of the U.S. Constitution establish which of the following branches of government? (Check all that apply.)

The U.S. president The federal courts The U.S. Congress

______ and equal protection are the most basic rights established in our Constitution; indeed, the right to the former can be traced all the way back to the Magna Carta of 1215.

Due process

The ________ Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

Eighth

_______ allows the government to create constitutionally permissive _______ and may treat each category differently, but at a minimum, persons within each category must be treated the same.

Equal protection categories

Examples of entities engaged in interstate commerce might include: ______.

FedEx carriers Amazon.com United Airlines

______ divides power along a vertical dimension between the federal government and the states.

Federalism

Both the _______ and the _______ Amendments to the Constitution declare that no person shall be deprived "of life, liberty, or property, without due process of law."

Fourteenth Fifth

The _______ Amendment states a fundamental rule of constitutional construction: the federal government may not infringe or take away any rights belonging to the people, regardless of whether those rights are specifically listed or enumerated in the Constitution.

Ninth

_______ seeks to interpret the Constitution with an assumption that the meaning of the words of the Constitution is fixed and stable until and unless those provisions are formally amended under Article V.

Originalism

Among the enumerated powers delegated to Congress are the powers to: _______.

bankruptcy coin money regulate commerce

The Sixth Amendment gives the criminal defendant the right to: _______.

be represented by a lawyer be informed of the actual charges cross-examine witnesses

Even in the absence of federal regulation, the Commerce Clause restricts the _______ from discriminating against or unduly _______ interstate commerce.

burdening states

The _______ Amendment in the U.S. Constitution creates a central (federal) government, but it also recognizes the preexisting political sovereignty of a finite number of _______.

coequal states Tenth

Today, whenever a private litigant brings a lawsuit for money damages (beyond nominal damages) in federal court, he or she has a(n) _______ right to a jury trial.

constitutional

The preamble lists the main goals of the Constitution: _______.

a more perfect union general welfare justice

Under the doctrine of federalism, the ______ power (to protect the health safety and welfare of the public) resides with the states.

police

The Commerce Clause not only has a "_______" aspect that grants broad powers to Congress to regulate interstate commerce; it also has a "negative" or _______ side, imposing limits on the general police powers of the states.

positive dormant

The protections in the Bill of Rights apply against the _______ not against _______.

private business firms government

The _______ test essentially applies to almost every economic regulation and tax-related law.

rational basis

In National Federation of Independent Business v. Sebelius, the U.S. Supreme Court held that the individual mandate exceeded Congress's power to _______.

regulate commerce

One of the most significant sources of Congress's powers is its enumerated power to _______.

regulate commerce

Under the Fourth Amendment, _______ and _______ (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a _______ officer who has sworn by it.

search seizure law enforcement

The principle of _______ refers to the creation of power centers within a single level of government.

separation of powers

The First Amendment is perhaps the most famous provision in the entire Constitution, that protects individual liberty in three overlapping domains:_______, _______, and _______.

speech association religion

Under _______ of the Constitution, a constitutional amendment requires two separate steps, proposal and ratification, along with the approval of _______ at each step.

super majorities Article V

At a minimum, due process means two things: _______ and _______.

the government must provide reasonable notice and a neutral hearing laws must not be vague or arbitrary

The _______ Amendment protects individuals from being compelled to be witnesses against themselves in criminal cases, otherwise called the right _________.

to remain silent Fifth

The Fourth Amendment prohibits unreasonable searches and seizures and requires a(n) _______ based on _______.

warrant probable cause

The Ninth Amendment states that the federal government may not infringe on a person's right to _____ regardless of whether they are enumerated in the four corners of the Constitution (or the Bill of Rights).

work marry vote

Congress can use its commerce power strategically to regulate almost any aspect of business, including the following: _______.

interstate shippers persons moving among the states waterways

This Seventh amendment affirms the fundamental distinction between judges and juries in federal courts: ______ decide questions of law, ______ decide questions of fact.

judges, juries

The U.S. Constitution creates three separate and coequal branches of the federal government: _______. (Choose three correct answers)

judicial legislative executive

Article III establishes the ________ of the federal courts.

jurisdiction

In addition, both the right to due process and the right to equal protection apply not just to individuals but also to "_______," such as corporations, LLCs, and other business entities.

legal persons

The English jurist _______ described the right to bear arms as an auxiliary right, one supporting the primary _______ of self-defense and resistance to oppression and the civic duty to act in defense of one's country.

natural rights Sir William Blackstone

Article III of the Constitution vests judicial power in _______ and in inferior federal courts established by Congress.

one Supreme Court

In contrast to originalism, the other major approach to constitutional interpretation is called the "_______", which holds that the meaning of the Constitution is not _______ but rather dynamic and _______.

flexible fixed living constitution

Not only does the text of the Constitution give Congress the enumerated power to regulate commerce, but the U.S. Supreme Court has interpreted this power: _______.

in very broad terms

The Affordable Care Act in 2010 ("Obamacare") contained a controversial provision known as the "_______," which required all persons to purchase health insurance or pay a penalty to the IRS.

individual mandate

In District of Columbia v. _______ the Supreme Court handed down a landmark decision that held the amendment protects a(n) _______ right to possess and carry firearms.

individual's Heller

Originalists believe there is an identifiable original _______ that was _______ with the ratification of the Constitution or the amendments, and that this original intent or original meaning should govern its subsequent interpretation.

intent contemporaneous

The _______ refers to the first ten amendments to the United States Constitution and is just as important as the original Constitution.

Bill of Rights

Although the _____ Amendment is rarely mentioned or studied today, it is one of three separate amendments in the Bill of Rights protecting private property rights.

Third

The _______ Amendment is one of three separate amendments in the Bill of Rights protecting private property rights, in this case housing soldiers without the _______.

Third homeowners consent

The _______ Amendment requires that the power of _______ be coupled with "just compensation" for those whose property is taken.

eminent domain Fifth

As the Chief Executive of the United States, the President has the power to: _______.

enforce the laws made by Congress conduct foreign affairs appoint federal judges

Fundamentally, _______ requires the government to treat people who are similarly situated equally.

equal protection