Quiz 4 - Business Law 201

In commercial speech cases, the U.S Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial government interest.

False

The Fifth and Fourteenth Amendments contain due process clauses that limit the action of federal government.

False

The federal government's power to tax has no limitations.

False

The First Amendment's guarantee of free speech applies to: a. All choices except Obscenity. x b. commercial speech. c. obscenity. d. corporate political speech. e. defamation.

a. All choices except Obscenity.

The power of the state to tax is limited by: a. All choices. b. the Due Process Clause of the Fourteenth Amendment. c. the Import-Export Clause. d. the Commerce Clause.

a. All choices.

The states may enact legislation concerning a subject in which there is a federal statute if:

a. Congress has not clearly indicated that it intends to control that subject matter.

A woman claiming sex discrimination because she was passed over for a promotion by her employer, a local corporation specializing in the manufacture of automobile parts, would have her case reviewed under the __________ test of the Equal Protection Clause. a. None of the choices b. intermediate c. strict scrutiny d. rational relationship

a. None of the choices

Because defamation involves a communication, the protection of the _ Amendment applies.

b. First

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

b. Where a college student is denied a private scholarship.

The Contract Clause prevents a state from:

b. changing contracts after they have been made.

The main purpose of The Bill of Rights was to:

b. provide for restrictions on the power of the federal government.

The doctrine aimed at preventing any branch of government from gaining too much power is:

b. separation of powers.

John is a white Haitian who has obtained U.S citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

b. the strict scrutiny test.

The U.S. Constitution vests power in the branches of government that form a "checks and balances" system. Those branches of government include: a. legislative b. executive. c. All Choices. d. judicial.

c. All Choices.

The Commerce Clause in combination with the _ limits the power of the state to tax.

c. Import-Export Clause

Which of the following is correct with regard to the Bill of Rights? a. It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. b. It serves as a major restriction on the powers and authority of the federal government. c. It consists of ten amendments to the U.S. Constitution that were adopted in 1791.

d. All choices are correct.

Federalism is the division of governing power between the federal government and the states.

True

Generally, the executive branch of government has the power to enforce the law.

True

In equal protection cases involving economic regulation, the courts use the rational relationship test.

True

State action is a term that may include conduct by private parties who perform a public function.

True

The Bill of Rights restricts the power and authority of the federal government.

True

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

True

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

True

The Congressional power to borrow money on credit of the United States and to coin money have enabled the federal government to establish a national banking system, the Federal Reserve System, and specialized federal lending programs such as the Federal Land Bank.

True

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

True

The U.S Supreme Court is the final authority as to the constitutionality of any federal or state law.

True

The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.

True

Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.

True

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.

True

According to the U.S Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonable relates to an enumerated power.

True

A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.

True

The legislative branch's primary check on both the judicial and executive branches is the power to:

c. confirm appointments to the courts and agencies.

A state constitutional provision conflicts with a federal statute. The:

c. federal statute is supreme.

For the purposes of procedural due process, _ includes certain entitlements conferred by government such as social security payments and food stamps.

d. property