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
