Chapter 4: The Constitution

For the government to properly exercise the right of eminent domain, all of the following factors must be present EXCEPT a) a taking of property. b) regulation of property. c) just compensation for property. d) a public purpose for the property.

b) regulation of property. The government has exercised the right of eminent domain when there is a taking of property, a public purpose for the property, and just compensation for the property. In eminent domain, property must be taken by the government, as opposed to merely regulated.

Which of the following best describes procedural due process? a) A person (or corporation) must be allowed to bring a counter-action against any person or body threatening loss of life, liberty, or property. b) A person (or corporation) must be given the opportunity to object to a proposed action threatening loss of life, liberty, or property with the aid of legal counsel. c) A person (or corporation) must be given the opportunity to object to a proposed action threatening loss of life, liberty, or property in front of an impartial decision-maker. d) A person (or corporation) must be allowed the opportunity to face an accuser in an open court of the United States.

c) A person (or corporation) must be given the opportunity to object to a proposed action threatening loss of life, liberty, or property in front of an impartial decision-maker. Any person or corporation that is at risk of losing life (the death penalty), liberty (imprisonment), or property (seizure), must have the opportunity to object to the proposed action in front of an impartial decision-maker.

Which of the following statements about the protection of commercial speech is true? a) Today, commercial speech is considered an absolute freedom. b) Restrictions can be applied to all forms of commercial speech except advertising. c) The government can regulate some forms of commercial speech to protect government interests. d) Commercial speech has historically been afforded the same protections as traditional speech under the First Amendment.

c) The government can regulate some forms of commercial speech to protect government interests Determining whether commercial speech is protected is a balancing act in which the benefits of commercial speech are to be weighed against the benefits achieved by government regulation of that speech. Some forms of commercial speech can be regulated if restricting this speech advances or protects a substantial government interest, such as the prevention of fraudulent advertising.

What is the effect of new federal law upon an existing, and conflicting, state law? a) There is no effect on state law. b) The state law must be reconciled with federal law by the courts. c) The state law is void and has no legal effect. d) The state law can preempt federal law where necessary.

c) The state law is void and has no legal effect. Where an existing state law conflicts with a new federal law, the state law is void and has no legal effect.

The First Amendment to the U.S. Constitution offers individuals freedom of religion. Which of the following actions could be restricted under this amendment? a) a private hospital that offers only Catholic religious services b) a U.S. corporation that has placed a Christmas tree in the lobby of its headquarters c) a public elementary school that asks for a minute of silent prayer at the beginning of each day d) a private school that closes for Eid al-Fitr but does not close for the holidays of other religions

c) a public elementary school that asks for a minute of silent prayer at the beginning of each day Public schools may not impose prayer on students who might be agnostics or atheists. Private businesses and schools have the same rights as individuals

Judicial review offers the judicial branch of government all of the following EXCEPT a) the ability to exercise oversight over legislative actions. b) the ability to exercise oversight over governmental agencies. c) the ability to exercise oversight over international treaties. d) the ability to exercise oversight over executive actions.

c) the ability to exercise oversight over international treaties. Judicial review provides oversight over administrative rule, investigations, adjudications, and actions of the legislative and executive branches and governmental agencies.

Elizabeth owns a small organic blueberry farm in northern Michigan. She sells exclusively to local restaurants and a roadside farm stand, with the exception of one customer that is located across the border in Canada. According to the commerce clause, which of her business's transactions can the federal government regulate? a)The federal government has no regulatory power over her business's transactions because none of the sales are interstate. b) The federal government can regulate only those transactions that are international because the other transactions are intrastate, not interstate. c) The federal government can regulate only those transactions that are domestic, whether interstate or intrastate. d) The federal government can regulate all of her business's transactions, whether domestic or international.

d) The federal government can regulate all of her business's transactions, whether domestic or international. All of the commerce that Elizabeth's business transacts, whether domestic or international, is subject to regulations according to the language of the commerce clause and the judicial interpretation of the commerce clause. While the commerce clause explicitly gives Congress authority to regulate interstate and foreign trade, judicial interpretation has expanded Congressional authority to regulate most aspects of intrastate commerce.

What does the Supremacy Clause, Article VI of the U.S. Constitution, provide? a) In a conflict between executive, legislative, and judicial branches of government, the executive branch overrules the judicial branch, which overrules the legislative branch. b) The federal government has authority over state governments. c) When there is a conflict between the executive and legislative branches, the executive branch is granted supremacy. d) When there is a conflict between federal and state law, the state law is rendered invalid.

d) When there is a conflict between federal and state law, the state law is rendered invalid. The Supremacy Clause provides that when federal and state laws are in conflict, the state law is rendered invalid.

What is meant by the "exhaustion doctrine" or "exhaustion rule?" a) A party seeking judicial review must try all other administrative remedies first. b) A party may not bring a law or action for judicial review if the law or action is set to expire within "a timeline not to exceed two years." c) Any individual (or corporation) is limited to pursue no more than four judicial reviews in any two-year period. d) A party must make a good faith attempt to work within the confines of law or doctrine before seeking judicial review.

a) A party seeking judicial review must try all other administrative remedies first. Any party seeking judicial review must first exhaust all administrative remedies before seeking court review. An appeal made before administrative remedies are completed will be rejected for the failure to exhaust available administrative processes and remedies.

Congress may regulate any activity that has a substantial economic effect on interstate commerce. a) True b) False

a) True

Federal preemption of state law can be either express or implied. a) True b) False

a) True

The commerce clause permits the federal government to legislate in areas in which Congress has not explicitly been granted power. a) True b) False

a) True

To have an administrative rule, investigation, or adjudication brought for judicial review, the individual or corporation initiating this review must have been directly harmed by the administrative rule, investigation, or adjudication. a) True b) False

a) True

Under the U.S. Constitution, state governments are given broad rights to regulate private activities and enforce the law. a) True b) False

a) True

Which of the following scenarios does NOT involve judicial review? a) a defense attorney arguing that his/her client was nowhere near the scene of the crime b) an assisted suicide organization bringing the legality of its proposed actions to court c) a state court hearing an appeal from a woman convicted of kidnapping in a lower court d) the Supreme Court striking down state laws that restrict individual freedoms

a) a defense attorney arguing that his/her client was nowhere near the scene of the crime The defense attorney is not arguing the legality of the law or the accuracy of a prior judicial ruling; this scenario does not involve judicial review.

In an equal protection case, which of the following issues is subject to intermediate scrutiny by the courts? a) gender b) national origin c) state-to-state migration d) the right to vote

a) gender An equal protection case related to gender would be subject to intermediate scrutiny by the courts. Laws concerning gender must be substantially related to important government objectives. National origin, state-to-state migration, and the right to vote would all be subject to strict scrutiny.

Article III of the U.S. Constitution concerns the judicial branch of the government. Which specific part of the judicial system is established in this article? a) the Supreme Court of the United States b) federal and state courts of law c) all U.S. courts of law regardless of jurisdiction d) court procedures for all U.S. courts of law regardless of jurisdiction

a) the Supreme Court of the United States Article III of the U.S. Constitution establishes the U.S. Supreme Court and confers upon Congress the responsibility of establishing "such inferior courts as [they] may from time to time ordain to establish."

Which of the following is NOT one of the tests that the courts use to determine whether a law or action violates the Equal Protection Clause? a) the reasonableness test b) the rational basis test c) the strict scrutiny test d) the intermediate scrutiny test

a) the reasonableness test The courts may use the strict scrutiny, intermediate scrutiny, or rational basis tests to determining whether a law or action violates the Equal Protection Clause. They do not use the reasonableness test in these cases.

A citizen's rights established under any deeds, wills, and contracts in one state may not apply in another state if the laws of the two states conflict with one another. a) True b) False

b) False

A meat processing plant is the suspected source of beef contaminated with E. coli bacteria. Under the Fourth Amendment, a warrant would be needed before the government could seize the contaminated food. a) True b) False

b) False

A state does not have to respect the due process rights of citizens from another country. a) True b) False

b) False

The 14th Amendment's equal protection language applies only to state governments. a) True b) False

b) False

The Fifth Amendment's guarantee against self-incrimination applies to both individuals and corporations. a) True b) False

b) False

When a federal statute creates an agency to enforce the law, matters that come within that agency's jurisdiction typically do not preempt state law. a) True b) False

b) False

What are the origins of judicial review in the United States? a) Judicial review was originally written into the U.S. Constitution. b) Judicial review was established by the Supreme Court in 1803 in Marbury v. Madison. c) Judicial review was established in the 1972 as part of a wave of skepticism brought on by the Watergate scandal. d) Judicial review was taken from old English law and dates back to the mid-1500s.

b) Judicial review was established by the Supreme Court in 1803 in Marbury v. Madison In Marbury v. Madison in 1803 the Supreme Court stated, "It is emphatically the providence and duty of the Judicial Department to say what is law."

Article II of the U.S. Constitution establishes the executive branch of government. Which of the following is NOT a power granted to the President of the United States by Article II of the U.S. Constitution? a) The President shall be Commander in Chief of the Army and Navy of the United States. b) The President shall have the right to overturn judicial rulings, provided 2/3 of the Senators concur. c) The President shall have power to make treaties with the advice and consent of the senate, provided 2/3 of the Senators present concur. d) The President shall have power to grant pardons and reprieves for offenses against the United States.

b) The President shall have the right to overturn judicial rulings, provided 2/3 of the Senators concur. The President of the United States does not have the power to overturn judicial rulings. The other powers listed are granted by Article II of the U.S. Constitution.

The Administrative Procedure Act holds that courts should "hold unlawful and set aside" agency actions that are found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law." Which of the following would NOT be a condition for finding an action "arbitrary or capricious?" a) The agency has failed to consider a relevant factor in creating their action. b) The agency has changed its policy despite the existence of contraindications. c) The agency has failed to provide a rational explanation for the decision. d) The agency has changed its prior policy without justification.

b) The agency has changed its policy despite the existence of contraindications. The agency could reasonably have created an action in the face of some contraindications if those findings were overwhelmed by other, more compelling, information.

Which of the following would be an example of corporate political speech? a) a law firm promoting its services through radio and television broadcasts b) a corporation making a contribution to the Democratic Party of the United States c) a corporation that issues a press release about improving its environmental policies d) a pharmaceutical company disseminating information to the public about prescription drugs

b) a corporation making a contribution to the Democratic Party of the United States Corporate political speech would include financial support of political candidates or political parties, such as making a donation to the Democratic Party of the United States.

Which of the following is a primary factor in determining how much states can regulate commerce? a) precedent of state control over commerce regulations b) benefit versus burden on interstate commerce c) level of intrastate versus interstate commercial activity d) location of the businesses involved

b) benefit versus burden on interstate commerce The two primary factors considered when determining how much states can regulate commerce are: 1) Whether federal regulation supersedes state involvement, and 2) whether the benefits achieved by those regulations outweigh the burdens on interstate commerce.

A cosmetic company issues statements in defense of the decision to perform animal testing. This is an example of a) advertising. b) corporate speech. c) noncommercial speech. d) corporate political speech.

b) corporate speech Corporate speech is speech in defense of corporate decisions and policies. A cosmetic company that issues statements in defense of a decision to perform animal testing is engaging in corporate speech.

Under which condition can a federal law and a state law exist concurrently without the Supremacy Clause rendering the state law invalid? a) in cases where the state law establishes a set of minimal regulations while the federal law establishes more extensive and detailed regulations b) in cases where the federal and state laws are not in conflict and do not contradict each other c) in cases where the state law has been in place before the federal law d) in cases where the judicial branch offers an exemption

b) in cases where the federal and state laws are not in conflict and do not contradict each other In a situation where the federal and state laws are not in direct conflict and do not contradict each other, both laws can exist and apply at the same time.

What is the age requirement for eligibility to become a member of the House of Representatives? a) one must be 18 years old b) one must be 25 years old c) one must be 21 years old d) one must be 30 years old

b) one must be 25 years old Article I of the Constitution specifies that representatives must be at least 25 years old.

All of the following amendments in the Bill of Rights have significance for business EXCEPT a) the First Amendment b) the Third Amendment c) the Fourth Amendment d) the Sixth Amendment

b) the Third Amendment The Third Amendment on the quartering of soldiers in private homes is not applicable to business. The First Amendment, which guarantees freedom of expression through religion, speech, and the press, impacts business practices like advertising, marketing, and corporate speech. The Fourth Amendment, which prohibits the unreasonable search and seizure of private property, has implications for businesses under investigation, such as whether a search warrant is required to search certain industries. The Sixth Amendment guarantees the rights of the accused in a criminal case and would have significance for businesses involved in criminal proceedings.

The U.S. Constitution establishes a federal form of government, which is a government in which a) the federal government delegates powers to the states. b) the federal government and states share power. c) individual, sovereign states govern themselves but form a union for a common purpose. d) power rests with the president.

b) the federal government and states share power. The U.S. Constitution establishes a federal form of government, which means that the federal government and the states share power. The federal government exercises the powers that are specifically assigned to it in the Constitution while all other powers are reserved for the states.

Which of the following is one of the factors that the courts use to determine whether Congress intended to preempt state law? a) the interpretations of state appellate courts b) the pervasiveness, detail, and scope of the federal law c) the date on which the laws were signed into law d) the existence of prior comprehensive state regulation

b) the pervasiveness, detail, and scope of the federal law The courts consider several factors when determining whether Congress intended to preempt state law, one of which is the pervasiveness, detail, and scope of the federal law. If the federal statute addresses most, if not all, aspects of a subject, the courts will find that Congress intended to preempt state law.

Which of the following is NOT an example of a concurrent power shared by the states and the federal government? a) the power to tax, spend, and borrow b) the power to negotiate treaties c) the power to establish courts d) the power to hold and regulate elections

b) the power to negotiate treaties States do not have the power to negotiate treaties. Article 2, Section 2, Clause 2 of the Constitution says: "He (sic) the President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur"

What is the effect of the Dormant Commerce Clause? a) The states may regulate interstate commerce where federal law does not conflict. b) The states have no power to regulate interstate commerce. c) A state's regulations regarding interstate commerce which crosses its borders are void. d) The states have power to regulate interstate commerce equal to the federal government.

c) A state's regulations regarding interstate commerce which crosses its borders are void. The Dormant Commerce Clause has long been thought to be implied by Article I, Section 8, Clause 3 and Article I, Section 10, Clause 2 as prohibiting the states from regulating interstate commerce. However, the states may regulate some interstate commercial activity provided that it does not prejudice or unduly burden interstate commerce. When federal and state law conflict, the Supremacy Clause renders the state law void through preemption.

Which statement is true of the due process clause in the Fifth and Fourteenth Amendments? a) Due process applies to natural persons, but not legal persons such as corporations. b) Substantive due process requires that any government decision to take life, liberty, or property is made fairly and carried out equitability. c) Most business regulations do not violate substantive due process as long as they rationally relate to a legitimate government purpose and do not infringe on fundamental rights. d) Procedural due process requires that legislation be fair and reasonable in content and not violate any fundamental right unless there is a legitimate and compelling government interest.

c) Most business regulations do not violate substantive due process as long as they rationally relate to a legitimate government purpose and do not infringe on fundamental rights. Substantive due process requires that legislation be fair and reasonable in content and not violate any fundamental right unless there is a legitimate and compelling government interest. So long as a law or action does not infringe on fundamental rights, and it rationally relates to a legitimate government purpose, it will be upheld. Under this "rationality test," most business regulations are upheld as reasonable and do not violate substantive due process. The due process clause promises that no person will be deprived "of life, liberty, or property, without due process of law," including both natural and legal persons such as corporations. Procedural due process requires that any government decision to take life, liberty, or property is made fairly and carried out equitability.

How has the growth and expansion of the United States affected the Commerce Clause? a) The Commerce Clause has become less significant over time as states have taken more control of their own affairs. b) The Commerce Clause has become less significant over time as international trade regulations have taken on more importance. c) The Commerce Clause has grown more powerful and important as U.S. and international trade has grown. d) The Commerce Clause has gone through periods of more importance and periods of less importance based on the relative powers of the federal and state governments.

c) The Commerce Clause has grown more powerful and important as U.S. and international trade has grown. The Commerce Clause has grown in importance and power as the nation has grown and faced new problems. It has provided a vehicle for the federal government to regulate ever-expanding markets and areas of commerce.

When do the rules and regulations imposed by various government agencies come under judicial review? a) as soon as they are enacted b) the first time those regulations are brought into court c) after a lawsuit against the rule or regulation has been filed d) whenever the court deems it is time for a judicial review

c) after a lawsuit against the rule or regulation has been filed For a judicial review to occur, a lawsuit must be filed against the rule or regulation.

Which statute specifically stipulates judicial review as a check on the actions of, and provides a limitation on, the power of federal agencies? a) the Sarbanes-Oxley Act b) the Recovery Act c) the Administrative Procedure Act d) the Federal Arbitration Act

c) the Administrative Procedure Act The Administrative Procedure Act stipulates that judicial review is a check on the actions and a limitation on the powers of federal agencies by requiring basic fairness in areas not regulated by them unless specifically stipulated by Congress.

Which statement about the Bill of Rights is true? a) The legislative branch interprets the Bill of Rights. b) The Bill of Rights only limits the powers of the federal government. c) The Bill of Rights consists of 12 amendments to the U.S. Constitution. d) Certain protections outlined in the Bill of Rights apply to both legal and natural persons.

d) Certain protections outlined in the Bill of Rights apply to both legal and natural persons. The first Congress of the United States submitted 12 amendments to the U.S. Constitution designed to protect individual rights, and ten were adopted in 1791 to become the Bill of Rights. Some of the constitutional protections outlined in the Bill of Rights apply to business entities as well as individuals. For example, corporations are considered separate legal entities, or legal persons, that enjoy many of the same rights and privileges as natural persons do. Although the original Bill of Rights only intended to limit the powers of the federal government, today, most of these rights and liberties must also be honored by state governments. The judicial branch interprets the Bill of Rights.

Article IV of the U.S. Constitution deals with the relationships among the states. What does the interstate "privileges and immunities clause," found in Article IV section 2, provide? a) Citizens of one state are given immunity from laws of another state when the laws of the two states conflict. b) Citizens of one state are given the privilege of being extradited to their home state for trial of crimes committed in another state. c) No state shall have jurisdiction over a citizen who resides in another state. d) No state shall impose unreasonable burdens on citizens of another state.

d) No state shall impose unreasonable burdens on citizens of another state. Article IV, section 2 of the U.S. Constitution, prohibits states from imposing unreasonable burdens on citizens of another state. That means that laws and punishments for violating those laws shall not be made more stringent or excessive on citizens from another state.

Which statement is true about the right to privacy? a) The right to privacy is explicitly stated in the Bill of Rights. b) The right to privacy is not protected under the U.S. Constitution. c) Since the Constitution was formed, the right to privacy has been one of the most valued rights. d) The Supreme Court first determined that the right to privacy was protected by the Constitution in the 1960s.

d) The Supreme Court first determined that the right to privacy was protected by the Constitution in the 1960s. In a landmark 1965 case, Griswold v. Connecticut, the Supreme Court held that a right to privacy was implied by the First, Third, Fourth, Fifth, and Ninth Amendments, and that it should be protected by the U.S. Constitution.

Which of the following is an example of a person being deprived of a property interest without being afforded due process? a) a news outlet having several of its radio outlets shut down, after a lengthy legal battle, for holding too large a percentage of the market. b) a landlord being told by a court that a tenant cannot be evicted despite having failed to pay rent for the last eight months. c) a tenant being evicted after having explained in court that the landlord has failed to supply a reliable hot water heater. d) a student being expelled from school for plagiarism without having a chance to tell her side of the situation.

d) a student being expelled from school for plagiarism without having a chance to tell her side of the situation. The student has been expelled without due process. She has had her education, which is considered property, taken without having the opportunity to make her case in front of an unbiased arbiter.

What is meant by the term "judicial review"? a) determining which court cases have arrived at verdicts based on legal technicalities rather than on the facts of the case b) determining the accuracy of rulings in current court cases c) determining the success or failure of legal rulings made in past court cases d) determining the constitutionality of laws and actions made by the legislative and executive branches

d) determining the constitutionality of laws and actions made by the legislative and executive branches "Judicial review" gives the judicial branch of government the power to review the laws and actions of the other branches; it allows the judicial branch to determine whether laws and actions of other branches are constitutional.

As originally drafted, Article I, Section 8 of the U.S. Constitution explicitly permits the U.S. Congress to regulate commerce with and among all of the following EXCEPT a) foreign nations. b) interstate commerce. c) Native Americans. d) intrastate commerce.

d) intrastate commerce. Article I, Section 8 of the U.S. Constitution, also known as the Commerce Clause, does not give Congress the right to regulate commerce within a state. As written, it states that "Congress shall have the power...to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

Substantive due process requires that a) the judiciary and members of the court assume the innocence of a person or corporation until proven otherwise. b) actions against individuals (or corporations) are brought in a timely manner and in a location agreed upon by both parties. c) laws and other legal actions are grounded in real-world conditions and circumstances. d) laws do not deprive individuals (or corporations) of property or other rights without justification.

d) laws do not deprive individuals (or corporations) of property or other rights without justification. Substantive due process assures individuals and corporations that any laws that might result in the loss of property or any other rights are fair and reasonable in content and exist to further a legitimate governmental objective.

The first ten amendments were added to the Constitution to a) establish shared power between the federal government and the states. b) create a system of checks and balances between the executive, legislative, and judicial branches. c) delineate the legislative powers of Congress. d) protect the rights of individual citizens by limiting the power of the government.

d) protect the rights of individual citizens by limiting the power of the government. The first ten amendments, known as the Bill of Rights, were added to the Constitution to protect the rights of individual citizens by limiting the power of the government. The original Constitution did not address the rights of citizens, so the Bill of Rights was added to make sure that the federal government did not have unlimited power over the lives of individuals.