Ch. 5 Constitutional Law for Business and E-Commerce

Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?

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

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

Free Exercise

________ is speech that the government cannot prohibit or regulate.

Fully protected speech

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, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?

Georgia should appeal to the federal authority which can stop imports from Kingsland.

The Due Process Clause of the ________ Amendment applies to federal government action.

Fifth

Advertising is categorized as ________ speech.

limited protected

The ________ Clause of the U.S. Constitution prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

Free Exercise

Each state has ________ senators in the U.S. Senate.

2

Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?

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

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.

Articles of Confederation

The first ten amendments to the U.S. Constitution are collectively known as the ________.

Bill of Rights

The first ten amendments to the U.S. Constitution are commonly known as the ________.

Bill of Rights

Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance with the Freedom of Speech Clause, which of the following is an accurate statement?

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

The president is selected by the ________.

Electoral College

________ are powers delegated to the federal government by the states.

Enumerated powers

The ________ Clause of the U.S. Constitution prohibits the government from promoting one religion over another.

Establishment

The ________ Clause prevents the government from promoting one religion over the other.

Establishment

Checks and balances built into the Constitution ensure that amendments to the Constitution do not contradict existing laws.

FALSE

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

FALSE

Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.

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 others.

FALSE

The Freedom of Speech Clause included in the First Amendment protects both speech and conduct.

FALSE

The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the United States of America.

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 and restrict it from levying or collecting taxes.

FALSE

How has the U.S. government regulated commerce with Native Americans?

In general, the United States treats Native Americans as belonging to separate nations, similarly to the way it treats Spain or France; however, it still considers Native Americans "domestic dependent" nations with limited sovereignty. Today, many Native Americans live on reservations set aside for various tribes. In the late 1980s, the federal government authorized Native American tribes to operate gaming facilities. Congress passed the Indian Gaming Regulatory Act, a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal land. This act allows Native Americans to negotiate with the states for gaming compacts and ensures that the states do so in good faith. If a state fails to do so, the tribe can bring suit in federal court, forcing the state to comply. Today, casinos operated by Native Americans can be found in many states. Profits from the casinos have become an important source of income for members of certain tribes.

The ________ Act sets the terms of casino gambling and other gaming activities on tribal land.

Indian Gaming Regulatory

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino on 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?

Indian Gaming Regulatory Act

Distinguish between limited protected speech and unprotected speech, as defined by the U.S. Supreme Court.

Limited protected speech refers to speech that the government may not prohibit but that is subject to time, place, and manner restrictions. Two major forms of limited protected speech are offensive speech and commercial speech. The U.S. Supreme Court has held that certain speech is unprotected speech that is not protected by the First Amendment and may be totally forbidden by the government. The Supreme Court has held that the following types of speech are unprotected speech-dangerous speech, fighting words that are likely to provoke a hostile or violent response from an average person, speech that incites the violent or revolutionary overthrow of the government, defamatory language, child pornography, and obscene speech.

Which of the following provisions is made by the Due Process Clauses?

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

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

Police power

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

Privileges and Immunities

The ________ Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.

Privileges and Immunities

Which of the following statements is true of the United States' Foreign Commerce Clause?

Regulation of foreign commerce by state governments is unconstitutional.

Advertising is categorized as limited protected speech.

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 the Dormant Commerce Clause.

TRUE

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

TRUE

Lila, a newspaper columnist in Chicago, is unhappy with the rising prices of fuel in the United States. She publishes an article criticizing the government's refusal to offer gasoline at subsidized rates. 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 House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.

TRUE

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

TRUE

The 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

Under the intermediate scrutiny test, a court must determine whether the government classification is reasonably related to a legitimate government purpose.

TRUE

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

TRUE

Why is it unconstitutional for a state government to ban products imported from a foreign country, even if the country engages in activities that are not condoned by that state?

The Commerce Clause of the U.S. Constitution gives the federal government the exclusive power to regulate commerce with foreign nations. This is referred to as the Foreign Commerce Clause. Direct and indirect regulation of foreign commerce by state or local governments that unduly burdens foreign commerce violates the Commerce Clause and is therefore unconstitutional. The federal government could enact a law that forbids another country from doing business in the United States if that country engages in activities that are not condoned by the United States. A state, however, could not 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.

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?

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

Which of the following is established by the Supremacy Clause of the U.S. Constitution?

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

How is power divided between the federal government and the state governments?

The federal government and the 50 state governments share powers. When the states ratified the Constitution, they delegated certain powers—called enumerated powers——to the federal government. For example, the federal government is authorized to regulate interstate commerce and foreign affairs. Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments. These are called reserved powers. State governments are empowered to deal with local affairs. For example, states enact laws that provide for the formation and regulation of partnerships and corporations. Cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas.

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 automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

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

How is the federal government divided? Why are checks and balances necessary? Explain with instances.

The federal government is divided into three branches: Legislative branch: The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives). Executive branch: The part of the U.S. government that enforces the federal law. It consists of the president and vice president. Judicial branch: The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts. Checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful. Examples of some of the checks and balances in our system of government are as follows: The judicial branch has authority to examine the acts of the other two branches of government and determine whether those acts are constitutional. The executive branch can enter into treaties with foreign governments only with the advice and consent of the Senate.

Which of the following statements is true of states' police power?

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

The legislative branch of the U.S. federal government is ________.

bicameral

Which of the following is a form of unprotected speech?

defamatory language

Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.

federalism

The U.S.'s form of government is referred to as ________, in which the federal government and the fifty states share powers.

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 weeks. Which of the following tests is used to examine the lawfulness of this classification?

intermediate scrutiny

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 a(n) ________ test.

intermediate scrutiny

The ________ branch of the U.S. government is responsible for making federal law.

legislative

The ________ is responsible for making federal law.

legislative branch/U.S. Congress

Offensive speech is a form of ________ speech according to the First Amendment.

limited protected

Which of the following is a form of limited protected speech?

offensive speech

Which of the following is enacted under state police power?

personal property laws

The ________ provides that federal law takes precedence over state or local law.

preemption doctrine

The ________ provides that federal law takes precedence over state or local law.

preemption doctrine/Supremacy Clause

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.

rational basis

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________ test.

rational basis

Reserved powers remain with the ________.

state governments

A(n) ________ test is applied to classifications of people based on a suspect class.

strict scrutiny

Vanessa was born to American parents from a minority group in Miami. She applies to a public university which 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?

strict scrutiny

The ________ is a test that is applied to classifications based on a suspect class or involves fundamental rights.

strict scrutiny test

Which of the following requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope?

substantive due process

Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?

the Fourteenth Amendment

Why have checks and balances been built into the U.S. Constitution?

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

Speech that incites the violent or revolutionary overthrow of the government is an example of ________ speech.

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?

void for vagueness