4: Constitutional Law for Business and E-Commerce

According to the U.S. Supreme Court, speech that is not obscene or violent but is nevertheless offensive to many members of society is not protected by the First Amendment.

FALSE

Because e-commerce is not traditional, "brick-and-mortar" commerce, it is not subject to the Commerce Clause of the U.S. Constitution.

FALSE

Checks and balances built into the U.S. Constitution ensure that amendments to the Constitution are not contradictory to existing laws.

FALSE

E-commerce is not subject to the Commerce Clause of the U.S. Constitution since most businesses that conduct e-commerce over the internet do not have any physical location.

FALSE

Reserved powers are delegated to the judiciary by the president of the United States.

FALSE

Strict scrutiny tests are applied to classifications that do not involve a suspect or protected class.

FALSE

Substantive due process requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property.

FALSE

The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

FALSE

The Equal Protection Clause makes the classification of individuals based on their race unlawful.

FALSE

The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over other religions.

FALSE

The First Amendment's Freedom of Speech Clause protects both speech and conduct.

FALSE

The Supremacy Clause of the U.S. Constitution establishes that the fundamental, legal, and political authority is vested in the citizens of the United States.

FALSE

The U.S. Supreme Court has applied the diversification doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are not applicable to state and local government action.

FALSE

The U.S. government can gag citizens from criticizing the president.

FALSE

The power to regulate interstate commerce lies exclusively with the federal government.

FALSE

The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government of America and restrict it from levying or collecting taxes.

FALSE

Under the Fifth Amendment, the government must compensate private property owners when the government takes land and/or buildings for public use, but the government has no such obligation to compensate farmers when crops or produce are taken for a governmental purpose.

FALSE

When the states ratified the U.S. Constitution, they delegated certain powers—called enumerated powers—to the federal government.

TRUE

A state can enact a law that prevents residents of other states from owning property or businesses in that state.

FALSE

Which of the following is enacted under state police power? A) personal property laws B) intellectual property laws C) corporate governance laws D) equal opportunity laws

A) personal property laws

The ________ provides that federal law takes precedence over state or local law. A) preemption doctrine B) executive branch C) Due Process Clause D) Free Exercise Clause

A) preemption doctrine

Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words that imply that the president is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid? A) Criticizing the current president is fully protected speech, and Jerome cannot be prosecuted. B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine. C) Jerome wearing the t-shirt is an instance of limited protected speech. D) Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamatory language

A) Criticizing the current president is fully protected speech, and Jerome cannot be prosecuted.

Which of the following provisions is made by the Due Process Clause? A) No person shall be deprived of life, liberty, or property without due process of the law. B) No state can regulate foreign trade directly or indirectly without due process of the law. C) Motions for amendments to the Constitution cannot be made without a majority in the House of Representatives. D) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

A) No person shall be deprived of life, liberty, or property without due process of the law.

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the ________ Clause of the U.S. Constitution. A) Supremacy B) Commerce C) Due Process D) Free Exercise

A) Supremacy

Which of the following statements is true about the Foreign Commerce Clause of the United States Constitution? A) The federal government has the exclusive power to regulate commerce with foreign countries. B) A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state. C) Direct regulation of foreign commerce by the federal government violates the Commerce Clause. D) A state government is only permitted to regulate foreign trade indirectly.

A) The federal government has the exclusive power to regulate commerce with foreign countries.

The Indian Gaming Regulatory Act sets the terms of ________ on tribal land. A) casino gambling B) hunting and gathering C) agriculture and animal rearing D) mining

A) casino gambling

When the states ratified the U.S. Constitution, they delegated ________ powers to the federal government. A) enumerated B) reserved C) police D) statutory

A) enumerated

Which of the following requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property? A) procedural due process B) substantive due process C) the Supremacy Clause D) the Equal Protection Clause

A) procedural due process

The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a(n) ________ test. A) rational basis B) intermediate scrutiny C) investigative challenge D) due process

A) rational basis

A(n) ________ test is applied to classifications of people based on a suspect class. A) strict scrutiny B) intermediate scrutiny C) intellectual basis D) cogent basis

A) strict scrutiny

Which of the following statements is true about the Supremacy Clause of the U.S. Constitution? A) A particular federal statute cannot exclusively regulate a specific area or activity. B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted. C) A particular federal statute can expressly provide for exclusive jurisdiction. D) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.

B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers, this area of commerce is subject to the ________ Clause of the U.S. Constitution. A) Free Exercise B) Dormant Commerce C) Due Process D) Privileges and Immunities

B) Dormant Commerce

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights? A) The Freedom of Speech Clause was added to the Constitution in the Third Amendment. B) The Freedom of Speech Clause protects speech only, not conduct. C) There is no provision for fully protected speech in the Constitution. D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.

B) The Freedom of Speech Clause protects speech only, not conduct.

Michigan law permits in-state wineries to sell wine directly to consumers, including by mail, Internet, and other means of sale. Michigan law prohibits out-of-state wineries from selling wine directly to Michigan consumers, including over the Internet. Michigan requires out-of-state wineries to sell their wine to Michigan wholesalers, who then sell the wine to Michigan retailers, who then sell the wine to Michigan consumers. Which of the following is true? A) The Michigan law is a valid exercise of state police power, as Michigan has exclusive authority to regulate business within its borders. B) The Michigan law unduly burdens interstate e-commerce; thus, the Michigan law violates the Commerce Clause. C) The Michigan law violates the Privileges and Immunities Clause of the U.S. Constitution. D) The Michigan law is a valid exercise of Michigan's law-making authority as a "domestic dependent" entity with limited sovereignty.

B) The Michigan law unduly burdens interstate e-commerce; thus, the Michigan law violates the Commerce Clause.

The legislative branch of the U.S. federal government is ________. A) monocameral B) bicameral C) tricameral D) polycameral

B) bicameral

Which of the following is a form of unprotected speech? A) offensive speech B) defamatory language C) commercial speech D) political speech

B) defamatory language

Esteos is a country in which the federal government and the twelve (12) state governments share powers. The form of government in Esteos is called ________. A) authoritarianism B) federalism C) unitarianism D) democracy

B) federalism

An organization provides six months of maternity leave to its female employees, whereas its male employees can avail paternity leave for a maximum of two (2) weeks. Which of the following tests is used to examine the lawfulness of this classification? A) rational basis B) intermediate scrutiny C) strict scrutiny D) cogent basis

B) intermediate scrutiny

The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right is examined using a(n) ________ test. A) strict scrutiny B) intermediate scrutiny C) intellectual basis D) cogent basis

B) intermediate scrutiny

Advertising is categorized as ________ speech. A) fully protected B) limited protected C) uncensored D) unprotected

B) limited protected

Which of the following requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope? A) procedural due process B) substantive due process C) the intermediate scrutiny test D) the rational basis test

B) substantive due process

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply? A) the Establishment Clause B) the Indian Gaming Regulatory Act C) the Dormant Commerce Clause D) the Indian Reorganization Act

B) the Indian Gaming Regulatory Act

The first 10 amendments to the U.S. Constitution are collectively known as the ________. A) Due Process Clause B) Privileges and Immunities Clause C) Bill of Rights D) Articles of Confederation

C) Bill of Rights

The ________ Clause prohibits the government from promoting one religion over another. A) Due Process B) Privileges C) Establishment D) Free Exercise

C) Establishment

Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, in the last transaction, Kingsland violated a trading norm that was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland? A) Georgia can stop trading with Kingsland after serving a notice. B) Georgia can stop trading with Kingsland without serving a notice. C) Georgia can appeal to the federal authority that can stop imports from Kingsland. D) Georgia can make Kingsland export its apples to North Carolina.

C) Georgia can appeal to the federal authority that can stop imports from Kingsland.

Which of the following statements is true about states' police power? A) Police power restricts states from regulating inter-state commerce, although it happens within their borders. B) The states are allowed to regulate army activities within their borders. C) The states are given the authority to enact laws that regulate the conduct of business within their borders. D) The police force of a state is controlled by the federal police department.

C) The states are given the authority to enact laws that regulate the conduct of business within their borders.

The ________ is responsible for making federal law. A) president B) executive branch C) legislative branch D) Supreme Court

C) legislative branch

Reserved powers are given to the ________ by the U.S. Constitution. A) federal government B) judiciary C) state governments D) U.S. Congress

C) state governments

Vanessa is born to American parents from a minority group in Miami. She applies to a public university that offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship? A) rational basis B) intermediate scrutiny C) strict scrutiny D) cogent basis

C) strict scrutiny

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses? A) the Twelfth Amendment B) the Thirteenth Amendment C) the Fourteenth Amendment D) the Fifteenth Amendment

C) the Fourteenth Amendment

Why have checks and balances been built into the U.S. Constitution? A) to keep a check on the number and frequency of amendments made to the Constitution B) to ensure that the judiciary is not biased or corrupt C) to prevent any one of the three branches of the government from becoming too powerful D) to ensure that people of all races and ethnicities are uniformly represented

C) to prevent any one of the three branches of the government from becoming too powerful

A group of students organizing a protest march demanding that the government be overthrown would be an instance of ________ speech. A) limited protected B) prohibited C) unprotected D) fully protected

C) unprotected

A certain state in the United States declares that its citizens should only wear modest clothing. Which of the following conclusions is made when this law is tested for substantive due process? A) unconstitutional for compulsion B) invalid for violation of the Equal Protection Clause C) void for vagueness D) invalid for violating freedom of expression

C) void for vagueness

The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce. A) U.S. Constitution B) Declaration of Independence C) Bill of Rights D) Articles of Confederation

D) Articles of Confederation

The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions. A) Due Process B) Privileges C) Establishment D) Free Exercise

D) Free Exercise

The ________ Clause of the U.S. Constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents. A) Due Process B) Equal Protection C) Establishment D) Privileges and Immunities

D) Privileges and Immunities

The ________ empowers the government to seize private property for public use, and the ________ requires the government to pay private property owners for this seized property. A) substantive due process requirement; procedural due process obligation B) strict scrutiny requirement; rational basis obligation C) Due Process Clause; Equal Protection Clause D) Takings Clause; Just Compensation Clause

D) Takings Clause; Just Compensation Clause

Which of the following is established by the Supremacy Clause of the U.S. Constitution? A) The president is the supreme and sovereign head of the United States. B) The legislative branch of the federal government is the supreme law-making authority in the country. C) The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner. D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

Fierra Inc. is a German automobile manufacturer that has a five percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra's automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with the Commerce Clause of the U.S. Constitution? A) The government of North Carolina imposes an additional 10 percent tax on Fierra cars. B) The government of Georgia bans the sale of Fierra cars. C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state. D) The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.

D) The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.

Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of a rational basis test? A) The government requires only men above the age of 18 to volunteer for military service. B) The government establishes a trust fund to provide financial aid to minority groups. C) A state government employs measures to improve living conditions in the reservations. D) The government provides subsidies to farmers but not to carpenters or lumberjacks.

D) The government provides subsidies to farmers but not to carpenters or lumberjacks.

Which of the following is a form of limited protected speech? A) defamatory language B) speech that incites the violent or revolutionary overthrow of the government C) dangerous speech D) offensive speech

D) offensive speech

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________ test. A) investigative challenge B) intermediate basis C) due process D) rational basis

D) rational basis

The president is not elected by popular vote but instead is selected by the Electoral College, whose representatives are appointed by state delegations.

TRUE

Advertising is categorized as limited protected speech.

TRUE

Currently, a significant portion of the licensing of intellectual property is accomplished through e-commerce.

TRUE

If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to Dormant Commerce Clause.

TRUE

In federalism, the federal government and the state governments share powers.

TRUE

Jahi, a newspaper columnist from Chicago, is unhappy with the soaring price of fuel in the United States. She publishes an article that criticizes the government's refusal to offer gasoline at a subsidized price. This is an example of fully protected speech.

TRUE

Police power permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

TRUE

State governments do not have the power to regulate commerce with foreign nations.

TRUE

The Establishment Clause guarantees that there will be no state-sponsored religion.

TRUE

The Free Exercise Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

TRUE

The Indian Gaming Regulatory Act establishes the requirements for conducting casino gambling and other gaming activities on tribal land.

TRUE

The Privileges and Immunities Clause of the U.S. Constitution prohibits states from enacting laws that unduly discriminate in favor of their residents.

TRUE

The U.S. Constitution limits the government's ability to restrict individual rights.

TRUE

The U.S. House of Representatives has the power to impeach the president for certain activities, such as treason, bribery, and other crimes.

TRUE

The U.S. Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.

TRUE

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

TRUE

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

TRUE

The form of government in the United States is known as federalism.

TRUE

The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right, such as a classification based on gender, is examined using an intermediate scrutiny test.

TRUE