1. Article I of the U.S. Constitution establishes the executive branch of government.
a. True
b. False
2. Article III of the U.S. Constitution establishes the judicial branch of government.
a. True
b. False
3. The executive branch of the federal government has no enforcement authority.
a. True
b. False
4. The Bill of Rights contains the Commerce Clause.
a. True
b. False
5. The Bill of Rights covers freedom of speech.
a. True
b. False
6. The Commerce Clause authorizes Congress to regulate interstate and international commerce.
a. True
b. False
7. If the underlying activity Congress attempts to regulate is not economic in nature, authority for such regulation is not
part of the Commerce Clause.
a. True
b. False
8. The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate
commerce.
a. True
b. False
9. States can never regulate interstate commerce.
a. True
b. False
10. State regulation of commerce is controlled by both the commerce and supremacy clauses.
a. True
b. False
11. One state can impose a tax on a corporation‘s property if the corporation does any business in the state.
a. True
b. False
12. A state cannot tax catalogue sales made to residents in the state from firms located outside the state.
a. True
b. False
13. In supremacy clause cases, legislative intent of Congress is examined.
a. True
b. False
14. In supremacy clause cases, the pervasiveness of the regulatory scheme is examined.
a. True
b. False
15. The states’ police powers are subject to a balancing test.
a. True
b. False
16. During President Obama’s State of the Union address in 2009, Justice Alito was captured on camera visibly
disagreeing with the President about that case’s outcome.
a. True
b. False
17. Corporate political speech is afforded the same First Amendment protection as individual political speech.
a. True
b. False
18. The Fifth and Fourteenth Amendments provide procedural due process protections for corporations and individuals.
a. True
b. False
19. An unconstitutionally vague statute cannot be a basis for criminal prosecution.
a. True
b. False
20. Substantive due process is the same as procedural due process.
a. True
b. False
21. The First Amendment does not cover corporate ads on ballot propositions.
a. True
b. False
22. Corporate political speech enjoys less First Amendment protection than individual political speech.
a. True
b. False
23. Procedural due process rights exist in administrative, civil, and criminal proceedings.
a. True
b. False
24. A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.
a. True
b. False
25. Advertising by professionals is permitted because of First Amendment protections.
a. True
b. False
26. Corporations cannot make political contributions because of First Amendment constraints.
a. True
b. False
27. The U.S. Supreme Court has always found interstate commerce is involved regardless of how small the business or
its impact.
a. True
b. False
28. The U.S. Supreme Court has prohibited regulation of advertising by professionals.
a. True
b. False
29. Chief Justice Roberts not only clerked for former Chief Justice Rehnquist but also succeeded him as Chief Justice
of the Supreme Court.
a. True
b. False
30. The Ollie’s Barbeque case and the Morrison case have nothing in common legally because one involved interstate
commerce and the other case involved intrastate commerce.
a. True
b. False
31. The First Amendment prohibits state regulation of false advertising.
a. True
b. False
32. To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.
a. True
b. False
33. There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a
federal statute.
a. True
b. False
34. Federal regulation of the Internet is unconstitutional under the commerce clause.
a. True
b. False
35. California cannot impose taxes on a corporation that is incorporated in Arizona and doing business in California and
thirty-two other states.
a. True
b. False
36. A statute that requires only out-of-state milk companies to undergo additional testing for their products is
unconstitutional.
a. True
b. False
37. So called “soft money” donations are protected under the First Amendment.
a. True
b. False
38. The Fifth Amendment and Fourteenth Amendment are the “due process” amendments.
a. True
b. False
39. Citizen’s United involves the genesis of the sub-prime loan scandals.
a. True
b. False
40. McCain-Feingold refers to the Bipartisan Campaign Reform Act of 2002.
a. True
b. False
41. The Nike dispute dealt with the right of a company to publish editorials and letters to the editor in its defense.
a. True
b. False
42. States have authority over international commerce that comes within their borders and can circumvent U.S.
treaties.
a. True
b. False
43. Taxes on sales across the Internet will be subject to constitutional protections and constraints.
a. True
b. False
44. The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.
a. True
b. False
45. The Commerce Clause was the basis for federal authority for passing and enforcing the Civil Rights Act.
a. True
b. False
46. In those areas in which federal laws and regulation are extensive and detailed, the likelihood is that the Supremacy
Clause precludes state regulation.
a. True
b. False
47. A state law that exempts in-state businesses from additional licensing and inspections but that applies to out–of-state
businesses is not a proper exercise of police powers.
a. True
b. False
48. Requiring farmers shipping goods from outside the state to use only in-state companies for transportation is not a
proper exercise of the police power.
a. True
b. False
49. Advertising is commercial speech and cannot be limited because of First Amendment protections.
a. True
b. False
50. An unconstitutionally vague statute is a violation of substantive due process rights.
a. True
b. False
51. Which of the following sections of the U.S. Constitution establishes the judicial branch of government?
a. Article I
b. Article II
c. Article III
d. none of the above
52. Which of the following is currently the test for determining whether conduct is or is not interstate commerce?
a. direct and immediate effect test
b. affectation doctrine
c. regulation of goods and not businesses
d. none of the above
53. The city of Mesa has developed a street improvement plan that will add lanes to one of the major north/south
corridors. Because of the addition of the lanes, businesses along the corridor will lose frontage. However, none of
the businesses will be required to move. Which of the following statements is true?
a. The city need not compensate the businesses since they will still remain intact.
b. The city must compensate the businesses for taking.
c. The city cannot take land for this purpose.
d. The city can attach “0” value to the frontage.
54. The Supremacy Clause:
a. controls whether Congress or the states have the authority to regulate commerce.
b. gives Congress full authority to regulate all areas of commerce.
c. is never applied in state regulation cases.
d. none of the above
55. Which of the following is not a requirement for a valid state tax?
a. Tax cannot discriminate against interstate business.
b. Tax cannot apply to businesses in interstate commerce.
c. There must be a sufficient nexus between the state and the business being taxed.
d. none of the above
56. The state of Montana, in response to “outsiders” controlling ranch properties, has passed a statute that requires 6
months of residency before an individual can purchase 40 or more acres of land. The statute is:
a. a legitimate exercise of state powers.
b. an unconstitutional burden on interstate commerce.
c. constitutional because the statute applies only to intrastate lands.
d. constitutional because all buyers must be residents.
57. Which of the following is not a relevant issue examined in a preemption issue?
a. legislative history
b. level of detail in the federal regulation
c. benefits of federal regulation
d. degree of conflict
e. All of the above are relevant issues.
58. The police power of the states:
a. has no federal limitations.
b. can extend to interstate business.
c. has been severely curtailed in recent years.
d. none of the above
59. The balancing test:
a. is one applied in supremacy issue cases.
b. is one applied in state regulation of interstate commerce.
c. involves the exercise of state taxation powers.
d. none of the above
60. The First Amendment:
a. does not afford protection for corporate political speech.
b. does not permit regulation of corporate advertising.
c. provides limited protection for corporate political speech.
d. is applied differently to commercial speech.
e. none of the above
61. In administrative proceedings, procedural due process requires:
a. a trial in which the party charged can be heard.
b. notice of hearing.
c. right to an attorney.
d. none of the above
62. Advertising by lawyers:
a. can be prohibited in the interest of protecting the public.
b. enjoys no First Amendment protections.
c. can be regulated but not prohibited.
d. none of the above.