56. If Congress imposes a regulation on business, the states:
a. may not have any regulations in the same area of concern
b. may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the
state
c. may impose stronger conditions on out–of–state businesses that come to the state than are imposed by the
federal rules
d. usually may pass rules that would reduce the effect of the federal rule inside the state, if justified by special
local conditions
e. none of the other choices
57. Federal regulation state regulation.
a. takes precedence over
b. never takes precedence over
c. occasionally takes precedence over
d. is weaker than
e. is more complicated than
58. Federal regulation state regulation.
a. is more detailed than
b. never takes precedence over
c. occasionally takes precedence over
d. is weaker than
e. none of the other choices are correct
59. State regulations:
a. may contradict federal regulations
b. may be unwritten, but federal regulations must be written
c. may overrule federal regulations
d. may not contradict or reduce the standards imposed by federal law
e. may reduce the standards of federal regulations in certain cases
60. Postal authority is an example of:
a. an intrastate commerce
b. an area states may not regulate
c. an area each state regulates for itself
d. an area the state district court regulates
e. a private business
61. Postal authority is an example of:
a. an intrastate commerce
b. a private business
c. an area each state regulates for itself
d. an area the state district court regulates
e. none of the other choices are correct
62. States may pass regulations that:
a. are stricter than federal regulations
b. less strict than federal regulations
c. in contradiction to federal regulations
d. all of the other specific choices are correct
e. none of the other specific choices are correct
63. In Southern Pacific Co. v. Arizona, concerning whether Arizona could, for safety considerations, require trains
traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held
the Arizona law was:
a. valid because it concerned a legitimate state interest to improve transportation safety
b. valid because Congress had not passed legislation dealing with the length of trains
c. valid because it did not conflict with federal standards
d. invalid because it impeded interstate commerce
e. none of the other choices
64. In Southern Pacific Co. v. Arizona, concerned whether Arizona could, for safety considerations, require trains
traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held
the Arizona law was valid:
a. because it concerned a legitimate state interest to improve transportation safety
b. because Congress had not passed legislation dealing with the length of trains
c. because it did not conflict with federal standards
d. because it only applied to intrastate trains
e. none of the other choices
65. Southern Pacific Co. v. Arizona concerned whether Arizona could, for safety considerations, require trains
traveling through the state be a shorter length than trains traveling through other states. The Supreme Court justified
striking down the Arizona law because:
a. because the law did not concern a legitimate state interest to improve transportation safety
b. because Congress had passed legislation dealing with the length of trains
c. because the law conflicted with federal standards
d. because the law interfered with interstate commerce
e. none of the other choices
66. Which of the following state statutes were not held to be unconstitutional:
a. an Oklahoma law requiring coal-burning plants to burn at least 10 percent Oklahoma coal
b. a Washington law regulating oil tanker design and operations
c. an Alabama law charging a special fee for hazardous waste imported into the state
d. an Arizona law restricting the length of trains in the state
e. all of the other choices were unconstitutional
67. According to the Supreme Court, an Oklahoma law that required coal-burning power plants in the state to burn at
least 10 percent Oklahoma-mined coal is an example of:
a. an unconstitutional law
b. a constitutional law
c. a business law
d. a justified law
e. a federal law
68. According to the Supreme Court, an Alabama law charging a special fee for hazardous waste imported into the
state is an example of:
a. an unconstitutional law
b. a constitutional law
c. a business law
d. a justified law
e. a federal law
69. According to the Supreme Court, an Arizona law restricting the length of trains in the state is an example of:
a. an unconstitutional law
b. a constitutional law
c. a business law
d. a justified law
e. a federal law
70. According to the Supreme Court, a Maine law requiring companies shipping tobacco products into the state to
confirm that recipients are of legal age is an example of:
a. an unconstitutional law
b. a constitutional law
c. a business law
d. a justified law
e. a federal law
71. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court held:
a. Oklahoma has a paramount interest in preserving its natural resources, so the law stands
b. Oklahoma has no interest in preserving minnows, so the law fails
c. Oklahoma violated the constitution by impermissibly burdening interstate commerce
d. regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law
e. none of the other choices
72. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court held:
a. Oklahoma has a paramount interest in preserving its natural resources, so the law stands
b. Oklahoma has no interest in preserving minnows, so the law fails
c. Oklahoma was improperly “taking property without compensation”
d. regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law
e. none of the other choices
73. In Hughes v. Oklahoma, the Supreme Court applied which test regarding the constitutionality of a state law
prohibiting the export of minnows?
a. a rational basis test
b. a strict scrutiny test
c. a gender-based test
d. an intermediate level test
e. a “nexus of the problem” test
74. In Hughes v. Oklahoma, the Supreme Court applied which test regarding the constitutionality of a state law
prohibiting the export of minnows?
a. a rational basis test
b. a gender-based test
c. an intermediate level test
d. a “nexus of the problem” test
e. none of the other choices
75. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not
include which provision:
a. whether another rule could be used to achieve the same purpose without discriminating against interstate
commerce
b. whether another rule would have a more beneficial impact on the state
c. whether the rule was evenhanded with only incidental effects on interstate commerce
d. whether the rule serves a legitimate local interest
e. all of the other choices were part of the rule announced
76. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not
include which provision:
a. whether another rule could be used to achieve the same purpose without discriminating against interstate
commerce
b. whether the rule was evenhanded with only incidental effects on interstate commerce
c. whether the rule serves a legitimate local interest
d. the specific choices are all correct
e. none of the other choices are correct
77. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court held that the law was inconsistent with the basic
principle that:
a. our economic unit is the Nation
b. our economic unit is the State
c. the State has ultimate authority
d. the Nation has ultimate authority
e. none of the other choices
78. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court held that the law was inconsistent with the basic
principle that:
a. our legal unit is the Nation
b. our economic unit is the State
c. the State has ultimate authority
d. the Nation has ultimate authority
e. none of the other choices
79. In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state’s natural
resources. When this law was challenged, the Supreme Court held:
a. Oklahoma has a paramount interest in preserving its natural resources, so the law stands
b. Oklahoma has no interest in preserving minnows, so the law fails
c. Oklahoma was improperly “taking property without compensation”
d. regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law
e. Oklahoma was using a discriminatory method to achieve its conservation goals
80. States may not copy federal regulations if:
a. the imitation promotes interstate commerce
b. the imitation promotes intrastate commerce
c. the imitation inhibits interstate commerce
d. the imitation inhibits intrastate commerce
e. none of the other choices are correct
81. States may not copy federal regulations if:
a. the imitation promotes interstate commerce
b. the imitation promotes intrastate commerce
c. the imitation inhibits factory production
d. the imitation inhibits intrastate commerce
e. none of the other choices are correct
82. In South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber
processing, the Supreme Court held:
a. Congress may limit interstate commerce however it wishes
b. Congress may limit interstate commerce only with approval of the affected states
c. Congress may not regulate intrastate commerce, if the effect is “inherently uncompetitive”
d. Congress may burden interstate commerce, but states may not unless allowed by Congress
e. States may place substantial burdens on interstate commerce so long as it advances a “significant state
interest”
83. In South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber
processing, the Supreme Court held:
a. Congress may limit interstate commerce however it wishes
b. Congress may limit interstate commerce only with approval of the affected states
c. Congress may not regulate intrastate commerce, if the effect is “inherently uncompetitive”
d. States may place substantial burdens on interstate commerce
e. none of the other choices
84. South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber
processing, shows that:
a. Congress may limit interstate commerce however it wishes
b. Congress may limit interstate commerce only with approval of the affected states
c. Congress may not regulate intrastate commerce, if the effect is “inherently uncompetitive”
d. Congress may burden interstate commerce, but states may not unless allowed by Congress
e. States may place substantial burdens on interstate commerce so long as it advances a “significant state
interest”
85. Congress may burden interstate commerce while states:
a. may also burden interstate commerce
b. may not burden interstate commerce unless allowed by Congress
c. may only burden interstate, but not intrastate, commerce
d. may burden interstate commerce in the interest of increasing intrastate commerce
e. none of the other choices are correct
86. If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in
general:
a. Congress may not impose regulations that burden foreign firms doing business in the U.S.
b. Congress may regulate commerce only with approval of the affected states
c. Congress may not regulate intrastate commerce, if the effect is “inherently uncompetitive”
d. States may then imitate the regulation at the state level
e. Congress may burden interstate commerce, but states may not do so unless authorized by Congress
87. If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in
general:
a. Congress may not impose regulations that burden foreign firms doing business in the U.S.
b. Congress may regulate commerce only with approval of the affected states
c. Congress may not regulate intrastate commerce, if the effect is “inherently uncompetitive”
d. States may then imitate the regulation at the state level
e. none of the other choices
88. Taxes are a powerful tool for:
a. regulation
b. litigation
c. judiciary processes
d. tort suits
e. attorneys
89. The Constitution gives Congress the power to tax in:
a. Article I, Section 6, Clause 1
b. Article I, Section 7, Clause 1
c. Article I, Section 8, Clause 1
d. Article I, Section 9, Clause 1
e. Article I, Section 10, Clause 1
90. The Constitution gives Congress the power to tax in:
a. Article II, Section 6, Clause 1
b. Article II, Section 7, Clause 1
c. Article I, Section 8, Clause 1
d. Article III, Section 9, Clause 1
e. Article IV, Section 10, Clause 1
91. The Constitution gives Congress the power to tax in:
a. Article I, Section 6, Clause 2
b. Article I, Section 7, Clause 4
c. Article I, Section 8, Clause 1
d. Article I, Section 9, Clause 5
e. Article I, Section 10, Clause 8
92. Taxes raise revenues for the government. Taxes may be:
a. used to punish certain business behavior
b. used to keep certain goods, such as firearms and liquor, under federal supervision
c. imposed on illegal goods like cocaine to help trap dealers
d. not used by states to discriminate against out-of-state businesses
e. all of the other choices
93. Taxes raise revenues for the government. Taxes may not be:
a. used to punish certain business behavior
b. used to keep certain goods, such as firearms and liquor, under federal supervision
c. imposed on illegal goods like cocaine to help trap dealers
d. used by states to discriminate against out–of-state businesses
e. all of the other choices are generally constitutional
94. In addition to raising revenue to pay for government services, taxes:
a. can deter certain behaviors
b. can lead to efficient production
c. can influence politicians
d. can influence Supreme Court Justices
e. none of the other choices are correct
95. In addition to raising revenue to pay for government services, taxes:
a. can punish certain behaviors
b. can lead to efficient production
c. can influence politicians
d. can influence Supreme Court Justices
e. none of the other choices are correct
96. A tax tied to a requirement to keep detailed records of gun sales:
a. rewards businesses that make guns
b. protects businesses that make guns
c. keeps gun sales under close federal supervision
d. prevents gun sales from being under federal supervision
e. none of the other choices are correct
97. A tax tied to a requirement to keep detailed records of explosives sales:
a. rewards businesses that make explosives
b. protects businesses that make explosives
c. keeps explosives sales under close federal supervision
d. prevents explosives sales from being under federal supervision
e. none of the other choices are correct
98. Congress has the power to “lay and collect Taxes.” When the Supreme Court reviews the taxing activity of
Congress, it:
a. closely inspects Congressional actions for evidence of “discriminatory intent”
b. limits what Congress may do to protect citizens from violations of the Sixth Amendment
c. limits what Congress may do because the Court controls Congressional spending
d. rarely questions Congressional taxing schemes
e. is prohibited by the Constitution from questioning Congressional tax schemes
99. Congress has the power to “lay and collect Taxes.” When the Supreme Court reviews the taxing activity of
Congress, it:
a. closely inspects Congressional actions for evidence of “discriminatory intent”
b. limits what Congress may do to protect citizens from violations of the Sixth Amendment
c. limits what Congress may do because the Court controls Congressional spending
d. is prohibited by the Constitution from questioning Congressional tax schemes
e. none of the other choices
100. With respect to the ability of Congress to impose taxes, the Supreme Court has held that Congress may impose:
a. only the kinds of taxes specified in the Constitution
b. only taxes on prohibited goods
c. most any kind of tax
d. any tax that does not conflict with the taxing authority of the states under Article II of the Constitution
e. most taxes except those found to be “discriminatory and economically destructive”
101. The Amendment to the U.S. Constitution gives the federal government the power to impose income taxes.
a. 14th
b. 15th
c. 16th
d. 17th
e. 18th
102. The Amendment to the U.S. Constitution gives the federal government the power to impose income taxes.
a. 14th
b. 15th
c. 17th
d. 20th
e. none of the other choices are correct
103. The Amendment to the U.S. Constitution gives the federal government the power to impose income taxes.
a. 14th
b. 15th
c. 17th
d. the government is not allowed to impose income taxes
e. none of the other choices are correct
104. The 16th Amendment to the U.S. Constitution gives the federal government the power to:
a. discriminate against businesses
b. prevent interstate commerce
c. impose income taxes
d. impose marital taxes
e. try criminals in the Supreme Court
105. The 16th Amendment to the U.S. Constitution gives the federal government the power to:
a. discriminate against businesses
b. prevent interstate commerce
c. impose state taxes
d. impose marital taxes
e. none of the other choices are correct
106. States have the power to impose:
a. whatever taxes they need for “legitimate public purposes”
b. taxes that do not impede interstate commerce
c. only taxes that impact interstate commerce
d. taxes against foreign corporations
e. taxes against all producers of “harmful goods”
107. States may not impose taxes that:
a. impede interstate commerce
b. increase interstate commerce
c. increase intrastate commerce
d. do nothing to interstate commerce
e. none of the other choices are correct
108. It would be for a state to impose a tax that provided a direct commercial advantage to local business.
a. moral
b. immoral
c. unconstitutional
d. constitutional
e. legal, but immoral
109. In Northwestern States Portland Cement v. Minnesota, the Supreme Court ruled on whether a state could
“impose taxes upon persons passing through the state.” Such taxes were held:
a. permissible so long as they protected the health and safety of the citizens
b. permissible so long as they were imposed on businesses, not persons
c. permissible as long as they were “rational” in impact
d. impermissible because they violated the Commerce Clause
e. impermissible because they violated the Fifth Amendment
110. To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per
bottle. This tax is:
a. a constitutional control on intrastate business
b. constitutional, so long as it is not shown to impede foreign trade
c. constitutional because New York state interests outweigh other states’ interests
d. unconstitutional because it violates the Necessary and Proper Clause
e. unconstitutional because it violates the Commerce Clause