63. Corporate political speech:
a. enjoys full First Amendment protection.
b. can be regulated.
c. can be prohibited.
d. none of the above
64. A new statute passed by the state of Vermont prohibits the sale of any maple syrup not produced in Vermont
anywhere in Vermont. The legislators maintain that the statute is for the health and welfare of Vermont residents
because the state of Vermont regulates producers to ensure quality and sanitation standards. The new statute is:
a. constitutional as an exercise of the health and safety regulatory powers of the state.
b. constitutional as a control of intrastate commerce.
c. constitutional because it applies only to sales in the state.
d. unconstitutional because of its excessive approach.
65. Which of the following is not part of the amendments to the U.S. Constitution?
a. freedom of speech
b. supremacy clause
c. due process
d. privacy
66. The Bellotti doctrine gives corporations:
a. less First Amendment protections for political speech than individuals have.
b. the same First Amendment protections for political speech that individuals have.
c. more First Amendment protections for political speech than individuals have.
d. no First Amendment protections for political speech than individuals have.
67. Which of the following is not a right protected in the Bill of Rights?
a. noninterference with contracts
b. freedom of speech
c. right to privacy
d. right to due process
68. Which two amendments to the U.S. Constitution provide for equal protection?
a. First and Fourth
b. Fourth and Fifth
c. First and Fifth
d. Fifth and Fourteenth
69. Under the Commerce Clause, the authority to regulate foreign commerce is given to:
a. Congress.
b. the executive branch.
c. the individual states.
d. only the Senate.
70. Police power is:
a. the states‘ authority to bypass the Fifth Amendment.
b. the states’ authority to conduct searches under the Fourth Amendment.
c. government agencies’ authority to conduct a search of private property at any time.
d. the states’ power to pass laws to promote public welfare and health and safety .
71. Which justice was seen on camera disagreeing with President Obama during his State of the Union address in
2009?
a. Justice Roberts
b. Justice Scalia
c. Justice Alito
d. Justice Thomas
72. The state of Arizona has just passed a mandatory seat belt law that will require anyone traveling in Arizona to put
on his/her seat belt. Several travelers from other states that do not have such seat belt laws have brought suit
challenging the constitutionality of the Arizona law as an undue burden on interstate commerce. What test will the
court apply in reviewing the statute?
a. the apportionment test
b. the impairment test
c. the balancing test
d. none of the above
73. What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in
Arizona to put on his/her seat belt?
a. preemption clause
b. police power
c. the nexus power
d. none of the above
74. Spiegel, Inc., has a catalog merchandise return facility in Nevada. Spiegel employs many phone operators for
processing return requests, and merchandise is returned to the facility and stored there for later dispatch. The state
of Nevada has proposed taxing Spiegel‘s full inventory based on the theory that it could have passed through the
Nevada facility. Spiegel‘s main warehouse is in Chicago, Illinois. Nevada:
a. has the power to tax Spiegel’s full inventory because of its location in the state.
b. has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way.
c. has properly apportioned its tax since it only applies to inventory and not income.
d. does not have the authority under the U.S. Constitution to tax Spiegel’s full inventory.
75. The purpose of the Supremacy Clause is to:
a. resolve conflicts of federal and state law by declaring the federal law supreme.
b. resolve conflicts of federal and state law by declaring state law supreme.
c. allow Congress to preempt all state regulation of interstate commerce.
d. none of the above
76. Which case ruled that when acting as a private person even the president of the United States is not above the
law?
a. Citizen’s United
b. Nixon v. Administrator of General Services
c. Clinton v. Jones
d. Altria Group
77. Which of the following actions by a corporation would enjoy full First Amendment protection (i.e., could not be
regulated)?
a. a media campaign by a tobacco company against a cigarette tax increase
b. a media campaign for soap that inaccurately labels the soap “hypoallergenic”
c. advertising by an attorney that is misleading with respect to the fees charged for services
d. a mailing that contains offers for the sale of fraudulent securities
78. Which of the following would not be a taking for purposes of eminent domain?
a. the condemnation of land for use in a low–income housing project
b. the requirement that beach-front land owners allow public access to the beach through their lots
c. the placement of a 4″ × 6″ cable box on the roof of an apartment building by a public cable firm
d. All of the above are takings.
79. The rights of land owners in eminent domain are protected by the:
a. First Amendment.
b. Fifth Amendment.
c. Fourteenth Amendment.
d. Fourth Amendment.
80. Substantive due process rights:
a. no longer exist.
b. have been changed to procedural due process rights.
c. are found in criminal procedure statutes.
d. prevent laws that take property without reason and justification.
81. The state of Arizona has just passed a law requiring that oranges shipped into the state from growers located
outside of the state meet certain minimum size requirements. The size requirements do not apply to oranges grown
in Arizona. The new Arizona statute is:
a. a permissible regulation of commerce.
b. permissible so long as the statute promotes the health and welfare of the state’s residents.
c. an impermissible regulation of interstate commerce.
d. constitutional if there is a regulatory protest means available.
82. South Dakota is the location for many national banks’ credit card operations. How much income tax could the state
of South Dakota collect on the banks that operate their credit card divisions there?
a. South Dakota could collect tax on the banks‘ full income.
b. South Dakota cannot collect income tax unless the banks are headquartered or incorporated there.
c. South Dakota cannot collect any income tax from foreign corporations.
d. South Dakota can collect income taxes from earnings on the credit card operations.
83. The state of Wyoming has just passed a law requiring all cars entering the state to be equipped with side air bags.
The Wyoming requirement:
a. is constitutional because it does not apply to commerce.
b. is unconstitutional.
c. is constitutional so long as Wyoming residents are subject to the same rule.
d. is constitutional if side airbags are technologically feasible.
84. Congress passed a law permitting those who were the victims of hate crimes to bring suit in federal district court to
recover from the perpetrators of the hate crimes. Such a statute:
a. is a legitimate exercise of Congressional authority.
b. is an unconstitutional expansion of the Commerce Clause.
c. is constitutional so long as the state agrees.
d. is constitutional so long as there is an economic impact of hate speech.
e. none of the above
85. Congress passed a law prohibiting any organization from spending money on ads against ballot propositions. The
legislative history shows that Congress found that organizations spend far too much money on these ads and regular
citizens‘ voices cannot be heard and disseminated against such powerful communication. The statute:
a. is an unconstitutional violation of the First Amendment.
b. is constitutional so long as the factual findings are adequate.
c. is constitutional because there are no money limits, only a prohibition.
d. is constitutional if it applies to corporations as well as nonprofits.
e. none of the above
86. Which of the following pairs is incorrect?
a. Article III of the U.S. Constitution – the Courts
b. The Bill of Rights – First Ten Amendments to the U.S. Constitution
c. The Fifth Amendment – due process
d. The First Amendment – substantive due process
e. The Fourteenth Amendment – due process
87. Where in the U.S. Constitution are the provisions governing a student’s right to a hearing prior to suspension from
school?
a. First Amendment
b. Commerce Clause
c. Article III
d. Article II
e. Fifth Amendment
88. A company is incorporated in Pennsylvania and has offices in Michigan, Ohio, West Virginia and Indiana. Which
states may tax the business?
a. Pennsylvania only
b. Michigan, Ohio, West Virginia, Indiana
c. only those states in which it has physical contact with the customers
d. only those states which recognize other states’ taxation policy
e. Pennsylvania, Michigan, Ohio, West Virginia and Indiana proportionately
89. For state regulation of interstate commerce to be constitutional:
a. the state’s purpose must be to protect the public’s health and safety.
b. the state cannot place an undue burden on interstate commerce.
c. either a or b
d. both a and b
90. LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.
a. Any states in which LL Bean does business can tax the warehouse inventory.
b. Any states in which LL Bean has warehouses can tax LL Bean on all of its inventory.
c. Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that state.
d. none of the above
91. Son-of–Sam laws:
a. deal with political contributions by corporations.
b. provide for taxation differences on interstate vs. intrastate commerce.
c. prevent perpetrators from profiting from their crimes.
d. none of the above
92. The Bipartisan Campaign Reform Act:
a. regulates soft money use.
b. regulates PACs.
c. outlawed think tanks.
d. none of the above
93. The Bipartisan Campaign Reform Act is more commonly referred to as the law.
a. Violence Against Women
b. McCain-Feingold
c. PAC Pre-emption
d. Rainbow Coalition
94. Which of the following areas has Congress preempted?
a. auto vehicle safety standards
b. aircraft routes
c. both a and b
d. none of the above