1. The state governments retain all powers not specifically delegated to
the federal government.
1. Under their police powers, states can regulate only public activities,
such as political demonstrations.
1. National legislation governs nearly every major business activity, in–
cluding conduct that has nothing to do with commerce.
1. The checks and balances in the U.S. Constitution prevent any one
branch of government from exercising too much power.
1. Congress can regulate all commerce in the United States.
1. The Constitution expressly excludes state regulation of commerce.
1. When there is a direct conflict between a federal and a state law, the
state law is rendered invalid.
1. Whether the federal government has preempted a certain area is
always clear.
1. The taxing and spending clause of the U.S. Constitution has had a
greater impact on business than any other clause in the Constitution.
1. Some constitutional protections apply to business entities.
1. The First Amendment does not protect corporate political speech.
1. The First Amendment does not protect commercial speech as
extensively as noncommercial speech.
1. The establishment clause of the U.S. Constitution prohibits the federal
government from promoting a religion.
1. A law that has any impact on religion is unconstitutional.
1. The right to due process of law applies to corporations.
1. A law that regulates economic matters violates the equal protection
clause.
1. Procedural due process requires that any government decision to take a
person’s property must be made fairly.
1. A law that discriminates based on gender must substantially relate to
an important government objective to be valid.
1. There is a specific guarantee of a right to privacy in the Constitution.
1. Law enforcement officials can track the e-mail communications of one
party to find out the identities of other parties.
1. Enterprising Markets Coalition (EMC), a political lobbying group, wants
a certain policy enacted into law. If EMC’s policy conflicts with the U.S.
Constitution, a law embodying it can be imposed by
a. Congress.
b. a federal court.
c. a state legislature.
d. none of the choices.
1. 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.
1. The Financial Institutions Association would like a certain law enacted,
administered, interpreted, and enforced in the best interest of its mem–
bers, which include banks. Under the Constitution, Congress
a. administers the laws.
b. enforces the laws.
c. interprets the laws.
d. makes the laws.
1. Ulrich, a citizen of Virginia, wants to enforce in the state of Washington
certain rights that he has under a contract with Xtreme SnoBoards Inc.
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.
1. 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 other branches balance the
budget.
b. each branch has some power to limit the actions of the others.
c. the courts balance their authority to the other branches’
checklists.
d. the president “checks” the courts, which “balance” the laws.
1. Tami’s Tasty Tacos, a mobile vendor, 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 imposes a substantial burden on
a. a local government.
b. interstate commerce.
c. noneconomic activity.
d. the state.
1. 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.
1. Congress enacts a law that sets out a medical-device approval process
for the Food and Drug Administration to follow. The law includes a
preemption provision. A device that goes through the process injures
Joe, who files a claim under state law to recover. The court will most
likely rule that
a. Joe’s state law claim preempts the federal law.
b. the federal law and state law claim are concurrent.
c. the federal and state law claim cancel each other out.
d. the federal law preempts Joe’s state law claim.
1. 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.
1. 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.
1. 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.
1. Reusable Energy Corporation regularly expresses opinions on political
issues. Under the First Amendment, corporate political speech is
a. discouraged.
b. forbidden.
c. protected.
d. required.
1. Minnesota enacts a statute to ban advertising in “bad taste.” This stat–
ute 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.
1. 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.
1. The police obtain a search warrant and search Errol’s apartment. After
yelling obscenities at the officers, Errol confesses to a crime and impli–
cates his friends. The Constitution protects against
a. obscene speech.
b. implication of others.
c. unreasonable searches.
d. none of the choices.
1. 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.
1. Parker owns and operates Rancho Mirage Corporation, a destination
resort in Arizona that features horseback riding and bunkhouse
accommodations. The Constitution provides that no person shall be
deprived of “life, liberty, or property without due process of law.”
Included as “legal persons” under this clause are
a. the bunkhouses and other “manmade creations.”
b. the corporation and Parker.
c. horses and other “beings in nature.”
d. none of the choices.
1. 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.
1. A Massachusetts state statute imposes a prison term, without a trial, on
all street entertainers who operate in certain areas. A court would likely
review this statute under the principles of
a. equal protection.
b. free exercise.
c. procedural due process.
d. substantive due process.
1. Jon, a law enforcement official, monitors Kelsey’s Internet activities—e-
mail and Web site visits—to gain access to her personal financial data
and student information. This may violate Kelsey’s right to
a. equal protection of the law.
b. privacy.
c. procedural due process.
d. substantive due process.
1. Jen operates Jen’s Fruits & Vegetables, a small market stocked entirely
with produce grown on her adjacent farm. Under what clause of the
Constitution can the federal government regulate Jen’s activities? What
is Jen’s best argument against federal regulation of her farm and
business?
1. Old Oak Brewery, Inc., makes and sells alcoholic beverages with labels
that display a drawing of a squirrel making the gesture generally known
as “giving the finger.” Old Oak applies to the Ohio State Liquor
Authority (OSLA) for brand-label approval to sell the beer in Ohio.
Without considering alternatives, OSLA denies approval because “the
label could appear in grocery stores, with obvious exposure on the
shelf to children of tender age.” Why would a court hold that the denial
of Old Oak’s application violates the First Amendment?
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