| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • You already know Dokkio is an AI-powered assistant to organize & manage your digital files & messages. Very soon, Dokkio will support Outlook as well as One Drive. Check it out today!

View
 

Chp 4 - Constitutional Authority to Regulate Business

Page history last edited by abogado 11 years, 3 months ago

 

 

1. Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC’s policy conflicts with the U.S. Constitution, a law embodying it can be enacted by

a. any state legislature and Congress.

b. any state legislature but not Congress.

c. Congress but not any state legislature.

d. none of the choices.


2. The state of New York regulates private activities to protect or promote the public order, health, safety, and general welfare under its

a. police powers.

b. taxing powers.

c. spending powers.

d. supremacy powers.


3. Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legislature enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents pay $0. This most likely violates

a. no provision in the U.S. Constitution.

b. the commerce clause.

c. the full faith and credit clause.

d. the privileges and immunities clause.


4. Uma, a citizen of Virginia, wants to enforce in Washington certain rights that she has under a contract with Xtra Services Company. A Washington state court is most likely to enforce such rights under

a. no provision in the U.S. Constitution.

b. the commerce clause.

c. the full faith and credit clause.

d. the privileges and immunities clause.


5. The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

a. Congress writes checks and the president balances the budget.

b. each branch of government has some power to limit the actions of

the other branches.

c. each branch of government may exercise the authority of the other

branches.

d. the president “checks” the courts, which “balance” the laws.


6. Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute

a. imposes a substantial burden on interstate commerce.

b. promotes the public order, health, safety, morals, or general

welfare.

c. regulates activities within Utah’s borders.

d. regulates private activities.


7. The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues

a. only to carry out Congress’s enumerated powers.

b. to promote any objective that Congress deems worthwhile.

c. without regard to whether the expense violates the Bill of Rights.

d. without regard to whether the expense violates the Constitution.


8. Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion’s principles. The First Amendment guarantees Mike’s freedom of

a. religion only.

b. speech only.

c. the press only.

d. the press, speech, and religion.


9. Len, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates

a. no provision in the U.S. Constitution.

b. the commerce clause.

c. the due process clause.

d. the supremacy clause.


10. Serene City enacts an ordinance that bans the use of “sound amplifying systems” on public streets. Tom wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tom’s suit against the city, a court would likely hold this ordinance to be

a. constitutional under the First Amendment.

b. not subject to the U.S. Constitution.

c. unconstitutional under the commerce clause.

d. unconstitutional under the First Amendment.


11. Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city’s latest “revenue-enhancing” measure and wants to protest by distributing handbills. In

his suit against the city, a court would likely hold the printed-materials ban to be

a. constitutional under the First Amendment.

b. not subject to the U.S. Constitution.

c. unconstitutional under the commerce clause.

d. unconstitutional under the First Amendment.


12. Congress enacts the Tight Money Act (TMA) of 2006 to ban “major business entities” from making political contributions that individuals can make. A court would likely hold the TMA to be

a. an unconstitutional restriction of speech.

b. constitutional under the First Amendment.

c. justified by the need to protect individual rights.

d. necessary to protect state interests.


13. Minnesota enacts a statute to ban advertising in “bad taste.” This statute would likely be held by a court to be

a. an unconstitutional restriction of speech.

b. constitutional under the First Amendment.

c. justified by the need to protect individual rights.

d. necessary to protect state interests.


14. Xtreme Publications, Inc., disseminates obscene materials. This is a. a crime under numerous state and federal statutes.

b. a privilege under Article IV, Section 2.

c a right under the commerce clause.

d. a right under the First Amendment.


15. The police obtain a search warrant and search Dave’s apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against

a. obscene speech only.

b. others’ implication only.

c. unreasonable searches only.

d. obscene speech, others’ implication, and unreasonable searches.


16. River City enacts an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents’ right to

a. engage in interstate commerce under the commerce clause.

b. full faith and credit under Article IV, Section 1.

c. privileges and immunities under Article IV, Section 2.

d. substantive due process under the due process clauses.


17. Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast “annoying” radio commercials. This may violate

a. equal protection.

b. procedural due process.

c. substantive due process.

d. the right to privacy.


18. Myra claims that a Nebraska state statute infringes on her “procedural due process” rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property.

b. the content of the statute.

c. the similarity of the treatment of similarly situated individuals.

d. the steps to be taken to protect Mary’s privacy.


19. South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be

a. constitutional under the due process clause.

b. constitutional under the equal protection clause.

c. unconstitutional under the due process clause.

d. unconstitutional under the equal protection clause.


20. Vacation Village enacts an ordinance to allow only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely subject this ordinance to

a. a police power test under the commerce clause.

b. a “rational basis” test under the equal protection clause.

c. intermediate scrutiny under the due process clause.

d. strict scrutiny under the First Amendment.


Comments (0)

You don't have permission to comment on this page.