Dynamic Business Law 4th Edition Kubasek - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Dynamic Business Law: The Essentials, 4e (Kubasek) Chapter 5 Constitutional Law 1) The U.S. Constitution establishes a system of government based on the principle of unfettered state autonomy. …
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Dynamic Business Law 4th Edition Kubasek – Test Bank
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Sample Questions Are Posted Below
Dynamic Business Law: The Essentials, 4e (Kubasek)
Chapter 5 Constitutional Law
1) The U.S. Constitution establishes a system of government based on the principle of unfettered state autonomy.
Answer: FALSE
Explanation: The U.S. Constitution establishes a system of government based on the principle of federalism, according to which the authority to govern is divided between federal and state governments.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
2) The U.S. Constitution allocates the power of the federal government among the three branches of government.
Answer: TRUE
Explanation: The U.S. Constitution allocates the power of the federal government among the three branches of government. The first three articles of the Constitution establish three independent branches of the federal government: the legislative, executive, and judicial branches. The Constitution ensures that each branch maintains a separate sphere of power to prevent any one branch from obtaining undue power and monopolizing control of government.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
3) According to the Tenth Amendment to the U.S. Constitution, all powers that the Constitution neither gives exclusively to the states nor takes from the federal government are reserved for the federal government.
Answer: FALSE
Explanation: According to the Tenth Amendment to the U.S. Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
4) The United States Congress can overturn a presidential veto with a simple majority vote of the members of Congress.
Answer: FALSE
Explanation: The United States Congress can overturn a presidential veto with a two-thirds vote of the members of Congress.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
5) The United States Congress has the power to enact legislation, but the president can veto a law that Congress passes.
Answer: TRUE
Explanation: The United States Congress, the legislative or lawmaking branch of government, has the power to enact legislation, but the president can veto a law that Congress passes.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
6) The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.
Answer: FALSE
Explanation: Although the U.S. Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law established this process, known as judicial review.
Difficulty: 3 Hard
Topic: The U.S. Constitution
Learning Objective: 05-02 What is the function of each branch of government, and how does each branch serve to check the others?
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
7) The power of legislative fiat allows courts to review the constitutionality of lower courts’ decisions.
Answer: FALSE
Explanation: Judicial review allows courts to review the constitutionality of lower courts’ decisions.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-02 What is the function of each branch of government, and how does each branch serve to check the others?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
8) The process of judicial review was established in the United States Supreme Court case Marbury v. Madison.
Answer: TRUE
Explanation: Although the U.S. Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law established this process, known as judicial review. The process of judicial review was established in the United States Supreme Court case Marbury v. Madison.
Difficulty: 3 Hard
Topic: The U.S. Constitution
Learning Objective: 05-02 What is the function of each branch of government, and how does each branch serve to check the others?
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
9) The Supremacy Clause is located in Article VI of the U.S. Constitution.
Answer: TRUE
Explanation: The Supremacy Clause is located in Article VI of the U.S. Constitution. It provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land, “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Difficulty: 2 Medium
Topic: The Supremacy Clause and Federal Preemption
Learning Objective: 05-03 What is the relationship between the supremacy clause and preemption?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
10) Sometimes when the state and federal governments have concurrent authority, the federal government can decide to regulate that area exclusively. In such a situation, the state law is unconstitutional according to the doctrine of federal subrogation.
Answer: FALSE
Explanation: Sometimes when the state and federal governments have concurrent authority, the federal government can decide to regulate that area exclusively. In such a situation, according to the doctrine of federal preemption, the state law is unconstitutional. To determine whether the United States Congress intended to provide exclusive regulation, courts look to the language of the statute and transcripts of congressional hearings.
Difficulty: 2 Medium
Topic: The Supremacy Clause and Federal Preemption
Learning Objective: 05-03 What is the relationship between the supremacy clause and preemption?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
11) The Ninth Amendment to the United States Constitution is the primary source of authority for the federal regulation of business.
Answer: FALSE
Explanation: The primary source of authority for the federal regulation of business is the commerce clause, located in Article I, Section 8 of the Constitution. This clause states that the United States Congress has the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Difficulty: 2 Medium
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
12) The NLRB v. Jones & Laughlin Steel Corp. case was the turning point for the United States Supreme Court’s application of the Commerce Clause to the regulation of business activities.
Answer: FALSE
Explanation: The NLRB v. Jones & Laughlin Steel Corp. case was the turning point for the United States Supreme Court’s interpretation of the Commerce Clause. In that case, the Court ruled that the U.S. Congress could regulate labor relations at a manufacturing plant because a work stoppage at the plant would seriously affect interstate commerce. Since the NLRB v. Jones & Laughlin Steel Corp. case, Congress has regulated a broad range of business activities according to the Commerce Clause.
Difficulty: 2 Medium
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
13) Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.
Answer: TRUE
Explanation: Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry. Typical exercises of a state’s police power include state criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.
Difficulty: 2 Medium
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
14) The Privileges and Immunities Clause of the United States Constitution gives the federal government the authority to collect taxes.
Answer: FALSE
Explanation: Article I, Section 8 of the U.S. Constitution gives the federal government the “Power to lay and collect Taxes, Duties, Imports, and Excises.”
Difficulty: 2 Medium
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
15) The United States Congress can use its spending power to achieve social welfare objectives.
Answer: TRUE
Explanation: As with its power to tax, Congress can use its spending power to achieve social welfare objectives. For example, in South Dakota v. Dole, the United States Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.
Difficulty: 3 Hard
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
16) The Fourth Amendment to the United States Constitution extends most of the provisions of the Bill of Rights to the states.
Answer: FALSE
Explanation: The Fourteenth Amendment to the United States Constitution extends most of the provisions of the Bill of Rights to the states, prohibiting state interference in citizens’ exercise of their rights.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
17) The first ten amendments to the United States Constitution do not substantially affect government regulation of business.
Answer: FALSE
Explanation: The first ten amendments to the U.S. Constitution, known as the Bill of Rights, substantially affect government regulation of business. These amendments prohibit the federal government from infringing on individual freedoms.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
18) The rights established by the First Amendment to the United States Constitution are absolute.
Answer: FALSE
Explanation: Like other rights, First Amendment rights are not absolute. For example, in terms of the First Amendment right to freedom of speech, a person does not have the right to yell “Fire!” in a crowded theater when there is no fire, nor does the First Amendment protect false statements about another that are injurious to that person’s reputation.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
19) The United States Supreme Court has ruled that the First Amendment to the U.S. Constitution protects corporate political speech less compared to the political speech of ordinary citizens.
Answer: FALSE
Explanation: In First National Bank of Boston v. Bellotti, the United States Supreme Court ruled that the First Amendment protects corporate political speech to the same extent as ordinary citizens’ political speech.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-05 What is the difference between commercial and political speech, and why is that difference important?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
20) Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York.
Answer: TRUE
Explanation: Not all corporate speech is political speech. Commercial speech is speech that conveys information related to the sale of goods and services. Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Remember
AACSB: Diversity
Accessibility: Keyboard Navigation
21) What system does the United States Constitution establish to keep the legislative branch from dominating the other branches of government?
Answer: D
Explanation: The United States Constitution establishes a system of checks and balances to keep each branch’s powers from dominating the other branches.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
22) The United States Constitution establishes a system of government based on the principle of ________, according to which the authority to govern is divided between federal and state governments.
Answer: E
Explanation: The United States Constitution establishes a system of government based on the principle of federalism, according to which the authority to govern is divided between federal and state governments.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
23) What constitutional power does the United States president use to overrule laws passed by the legislative branch of government (i.e., the U.S. Congress)?
Answer: C
Explanation: The United States president can use veto power to overrule laws passed by the legislative branch (i.e., the U.S. Congress).
Difficulty: 1 Easy
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
24) Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v. Madison?
Answer: A
Explanation: Chief Justice John Marshall wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v. Madison.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-02 What is the function of each branch of government, and how does each branch serve to check the others?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
25) Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?
Answer: E
Explanation: According to the Tenth Amendment to the United States Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.
Difficulty: 1 Easy
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
26) Why must federal legislation that affects business be based on an expressed constitutional grant of authority?
Answer: B
Explanation: Because the federal government has only those powers granted to it by the United States Constitution, federal legislation that affects business must be based on an expressed constitutional grant of authority.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
27) The United States Constitution establishes ________ branches of government.
Answer: B
Explanation: In addition to allocating authority between state and federal governments, the United States Constitution allocates the power of the federal government among the three branches of government.
Difficulty: 1 Easy
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
28) What are the three independent branches of the federal government?
Answer: A
Explanation: The first three articles of the United States Constitution establish three independent branches of the federal government: the legislative, executive, and judicial branches. The U.S. Constitution ensures that each branch maintains a separate sphere of power to prevent any one branch from obtaining undue power and monopolizing control of government.
Difficulty: 1 Easy
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
29) The common law process of ________ allows courts to review legislative and executive actions to determine whether they are constitutional.
Answer: D
Explanation: Although the United States Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law (particularly the landmark 1803 U.S. Supreme Court case Marbury v. Madison) established this process, known as judicial review.
Difficulty: 2 Medium
Topic: The U.S. Constitution
Learning Objective: 05-02 What is the function of each branch of government, and how does each branch serve to check the others?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
30) Which clause of the United States Constitution provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land?
Answer: B
Explanation: The Supremacy Clause of the United States Constitution provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land, “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Difficulty: 1 Easy
Topic: The Supremacy Clause and Federal Preemption
Learning Objective: 05-03 What is the relationship between the supremacy clause and preemption?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
31) The Supremacy Clause is located in Article ________ of the United States Constitution.
Answer: D
Explanation: The Supremacy Clause of the United States Constitution, located in Article VI, provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land, “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Difficulty: 2 Medium
Topic: The Supremacy Clause and Federal Preemption
Learning Objective: 05-03 What is the relationship between the supremacy clause and preemption?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
32) Sometimes when the state and federal governments have concurrent authority, the federal government can decide to regulate that area exclusively. In such a situation, according to the doctrine of ________, the state law is unconstitutional.
Answer: B
Explanation: Sometimes when the state and federal governments have concurrent authority, the federal government can decide to regulate that area exclusively. In such a situation, according to the doctrine of federal preemption, the state law is unconstitutional.
To determine whether the United States Congress intended to provide exclusive regulation, courts look to the language of the statute and transcripts of congressional hearings.
Difficulty: 2 Medium
Topic: The Supremacy Clause and Federal Preemption
Learning Objective: 05-03 What is the relationship between the supremacy clause and preemption?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
33) What was the result in the Christy Brzonkala v. Antonio J. Morrison et al. case referenced in the textbook, in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?
Answer: A
Explanation: The United States Supreme Court affirmed the lower courts’ decisions, holding that the U.S. Congress may not regulate noneconomic, violent criminal conduct solely based on that conduct’s aggregate effect on interstate commerce.
Difficulty: 2 Medium
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
34) Which of the following is an example of the state’s exercise of its police power?
Answer: C
Explanation: Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry. Typical exercises of a state’s police power include state criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.
Difficulty: 3 Hard
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
35) Which of the following was the result in the Black Star Farms, LLC et al. v. Jerry Olive, Arizona Department of Liquor License and Control et al. case referenced in the textbook, in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?
Answer: E
Explanation: The United States Court of Appeals for the Ninth Circuit concluded that Arizona’s statutory exceptions to its three-tier distribution system, which treated similarly situated in-state and out-of-state wineries the same and imposed no new impermissible burdens on out-of-state wineries, did not have the practical effect of favoring in-state economic interests over out-of-state interests.
Difficulty: 2 Medium
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
36) Which of the following is true regarding federal taxation?
Answer: D
Explanation: Article I, Section 8, of the Constitution gives the federal government the “Power to lay and collect Taxes, Duties, Imports and Excises.” The taxes laid by Congress, however, must be uniform across the states. Although tax collection allows the government to provide essential services, the government can also use taxes for other purposes. For example, to encourage the development of certain industries and discourage the development of others, the government can provide tax credits for firms entering favored industries.
Difficulty: 3 Hard
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
37) In the ________ case, the United States Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.
Answer: B
Explanation: Article I, Section 8 of the United States Constitution grants the United States Congress spending power by authorizing it to “Pay the Debts and provide for the common Defense and general Welfare of the United States.” As with its power to tax, the U.S. Congress can use its spending power to achieve social welfare objectives. For example, in South Dakota v. Dole, the U.S. Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.
Difficulty: 2 Medium
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
38) Which of the following is true regarding the Privileges and Immunities Clause of the United States Constitution?
Answer: D
Explanation: The Privileges and Immunities Clause of the United States Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities. States can, however, allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not.
Difficulty: 3 Hard
Topic: Other Constitutional Restrictions on Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
39) Which of the following references the clause of the United States Constitution that provides “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State”?
Answer: A
Explanation: Article IV, Section 1 of the United States Constitution contains the Full Faith and Credit Clause, which states that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” This provision requires courts in all states to uphold contracts and public acts established in other states.
Difficulty: 1 Easy
Topic: Other Constitutional Restrictions on Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
40) Courts interpret the ________ Clause of the United States Constitution to mean that no law can be passed that will unreasonably interfere with existing contracts.
Answer: E
Explanation: Article I, Section 10 of the United States Constitution contains the Contract Clause, which states that government may not pass any “Law impairing the Obligation of Contracts.” In its application, courts interpret this clause to mean that no law can be passed that will unreasonably interfere with existing contracts.
Difficulty: 1 Easy
Topic: Other Constitutional Restrictions on Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
41) Which constitutional amendment extends most of the provisions in the Bill of Rights to the states, prohibiting state interference in citizens’ exercise of their rights?
Answer: B
Explanation: The Fourteenth Amendment to the United States Constitution extends most of the provisions in the Bill of Rights to the states, prohibiting state interference in citizens’ exercise of their rights. Thus, the federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
42) Which constitutional amendment provides that the government cannot infringe on citizens’ right to bear arms?
Answer: B
Explanation: The Second Amendment to the United States Constitution states that the government cannot infringe on citizens’ right to bear arms (See Exhibit 5-1, “Summary of the Bill of Rights”).
Difficulty: 1 Easy
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
43) Which constitutional amendment protects citizens from unreasonable searches and seizures and requires a finding of probable cause to issue a warrant?
Answer: C
Explanation: The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and ensures that the government issue warrants only with probable cause (See Exhibit 5-1, “Summary of the Bill of Rights”).
Difficulty: 1 Easy
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
44) Which constitutional amendment gives citizens the right not to testify against themselves in a criminal case?
Answer: D
Explanation: The Fifth Amendment to the United States Constitution protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against himself or herself (See Exhibit 5-1, “Summary of the Bill of Rights”).
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
45) Which constitutional amendment prohibits cruel and unusual punishment?
Answer: D
Explanation: The Eighth Amendment to the United States Constitution prohibits cruel and unusual punishment (See Exhibit 5-1, “Summary of the Bill of Rights”).
Difficulty: 1 Easy
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
46) ________ cannot deprive individuals of the freedoms protected by the Bill of Rights.
Answer: A
Explanation: The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights. The constitutional amendments established in the Bill of Rights are a limit only on the actions of government—they do not limit the behavior of private employers. This distinction is commonly misunderstood by many citizens.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
47) Which of the following is included in the Central Hudson Gas & Electric Corp. v. Public Service Commission of New York test for commercial speech?
Answer: D
Explanation: The Central Hudson Gas & Electric Corp. v. Public Service Commission of New York test for commercial speech is as follows: (1) does the speech concern an illegal activity? Is it misleading? (2) Is the government interest served by the restriction on commercial speech substantial? (3) Does the regulation directly advance the government interest asserted? (4) Is the regulation more extensive than necessary to serve the government interest? (See Figure 5-2, “The Central Hudson Test for Commercial Speech.”)
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
48) What type of speech does the First Amendment to the United States Constitution not protect?
Answer: E
Explanation: The First Amendment to the United States Constitution does not protect defamation (speech that harms the reputation of another), nor does it protect obscenity. Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
49) Which of the following is true regarding the protection of “fighting words” under the First Amendment to the United States Constitution?
Answer: A
Explanation: The First Amendment to the United States Constitution does not protect fighting words. According to the U.S. Supreme Court, “The English language has a number of words and expressions which by general consent are ‘fighting words’ when said without a disarming smile. . . . Such words, as ordinary men know, are likely to cause a fight.”
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
50) Which constitutional amendment protects freedom of religion?
Answer: A
Explanation: The First Amendment to the United States Constitution contains two provisions that protect citizens’ freedom of religion: The Establishment Clause and the Free-Exercise Clause.
Difficulty: 1 Easy
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
51) Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?
Answer: D
Explanation: In the 1971 case Lemon v. Kurtzman, the U.S. Supreme Court codified the following three tests to determine whether a particular government statute violates the Establishment Clause: (1) Does the statute have a secular legislative purpose? (2) Does the statute’s principal or primary effect either advance or inhibit religion? (3) Does the statute foster an excessive government entanglement with religion? To determine whether the statute fosters an excessive government entanglement with religion, courts examine the character and purpose of the institutions benefited, the nature of the aid that the government provides, and the resulting relationship between the government and the religious authority.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
52) What does the Establishment Clause of the First Amendment to the United States Constitution provide?
Answer: B
Explanation: The First Amendment’s Establishment Clause maintains that government “shall make no law respecting an establishment of religion.”
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
53) What does the Free-Exercise Clause of the First Amendment to the United States Constitution provide?
Answer: A
Explanation: The First Amendment’s Free-Exercise Clause states that government cannot make a law “prohibiting the free exercise” of religion.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
54) A ________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
Answer: A
Explanation: A search is unreasonable if the government official conducting the search does not first obtain a search warrant from a court. A search warrant is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
Difficulty: 1 Easy
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
55) When can government agents obtain a search warrant?
Answer: B
Explanation: Government officials can obtain search warrants only if they can show probable cause to believe that the search will uncover specific evidence of criminal activity. In other words, the government officials must have a sufficient reason based on known facts to obtain a warrant.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
56) When may government agents search without a search warrant?
Answer: A
Explanation: When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant, they may conduct a search without a warrant. Law enforcement officials frequently conduct automobile searches without a warrant according to this rule.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
57) Which of the following is an exception to the rule that administrative searches usually require search warrants?
Answer: C
Explanation: Although administrative searches usually require search warrants, courts have established an exception to this rule. Under the pervasive-regulation exception, if an industry has a long history of pervasive regulation, a warrantless search is not unreasonable. In such industries, administrative agencies can use warrantless searches to ensure that firms uphold regulations.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
58) What does the Fifth Amendment’s protection against self-incrimination mean?
Answer: D
Explanation: The Fifth Amendment protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against himself or herself.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
59) Which constitutional amendment protects against double jeopardy?
Answer: E
Explanation: The Fifth Amendment to the United States Constitution protects against double jeopardy.
Difficulty: 1 Easy
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
60) What does the protection against “double jeopardy” mean?
Answer: A
Explanation: The Fifth Amendment to the United States constitution protects against double jeopardy, meaning that the government cannot try a person more than once for the same crime.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
61) Which of the following are types of due process?
Answer: E
Explanation: The Due Process Clause of the Fifth Amendment to the United States Constitution guarantees two types of due process: procedural and substantive.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
62) Which of the following refer(s) to the basic fairness of laws that may deprive an individual of her life, liberty, or property?
Answer: B
Explanation: Substantive due process refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property. To satisfy the substantive due process requirement, the government must have a proper purpose for enacting laws the restrict individuals’ liberty or the use of their property.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
63) What does the Fifth Amendment’s Takings Clause reference?
Answer: B
Explanation: The Fifth Amendment’s Takings Clause provides that when government takes private property for public use, it must pay the owner just compensation, or fair market value, for her property.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
64) Which of the following is true regarding privacy rights?
Answer: B
Explanation: The Ninth Amendment to the United States Constitution states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Although this amendment does not expressly guarantee the right to privacy, courts have interpreted the Ninth Amendment, together with the First, Third, Fourth, and Fifth Amendments, as providing individuals with a right to privacy. In Griswold v. Connecticut, the U.S. Supreme Court ruled that a Connecticut law prohibiting the use of contraceptives was unconstitutional because it violated individuals’ right to privacy.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
65) If a law prevents individuals from exercising a fundamental right, the law will be subject to ________ scrutiny.
Answer: D
Explanation: If a law prevents individuals from exercising a fundamental right, or if the law’s classification scheme involves suspect classifications, the action will be subject to strict scrutiny. Suspect classifications include classifications based on race, national origin, and citizenship.
Difficulty: 2 Medium
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
66) The legislators of New State institute a law that mothers of children in elementary school, but not fathers, are entitled to seven days off each year in order to attend school events. Several fathers bring a lawsuit challenging the law on equal protection grounds. Which level of scrutiny will the court apply to the law?
Answer: A
Explanation: If the law’s classification scheme is based on gender or on the legitimacy of children, courts use intermediate scrutiny. According to this standard, the law is constitutional only if it is substantially related to an important government objective.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
67) New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?
Answer: A
Explanation: Sometimes a state’s use of its police power affects interstate commerce. If the purpose of a state law is to regulate interstate commerce or to discriminate against interstate commerce, the law is usually unconstitutional. Likewise, if a law substantially interferes with interstate commerce, it is generally unconstitutional. This restriction on states’ authority to pass laws that substantially affect interstate commerce is called the Dormant Commerce Clause.
Difficulty: 3 Hard
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
68) Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What concept is addressed regarding the reference to “police power”?
Answer: A
Explanation: Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry. Typical exercises of a state’s police power include state criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.
Difficulty: 3 Hard
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
69) Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, which of the following will a court likely ask?
Answer: B
Explanation: In balancing these competing interests, a court generally asks whether the state regulation is rationally related to a legitimate state end. If it is, the court then asks whether the regulatory burden imposed on interstate commerce is outweighed by the state’s interest in enforcing the legislation. The court may also inquire whether there is a less drastic alternative available to attain the legitimate state purpose.
Difficulty: 3 Hard
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
70) Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states’ police power?
Answer: B
Explanation: Although the Supremacy Clause establishes the sovereignty of federal law, courts generally presume that laws passed in accordance with states’ police power are valid.
Difficulty: 2 Medium
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
71) Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill’s statement?
Answer: A
Explanation: Article I, Section 8 of the United States Constitution gives the federal government the “Power to lay and collect Taxes, Duties, Imports, and Excises.” Although tax collection allows the federal government to provide essential services, the government can also use taxes for other purposes and can use its spending power to achieve social welfare objectives.
Difficulty: 3 Hard
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
72) Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen’s statement?
Answer: E
Explanation: Article I, Section 8 of the United States Constitution grants the U.S. Congress spending power by authorizing it to “pay the Debts and provide for the common Defense and general Welfare of the United States.” As with its power to tax, Congress can use its spending power to achieve social welfare objectives. For example, in South Dakota v. Dole, the U.S. Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.
Difficulty: 3 Hard
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
73) Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Sam’s statement?
Answer: E
Explanation: Article I, Section 8 of the United States Constitution gives the federal government the “Power to lay and collect Taxes, Duties, Imports, and Excises.” The taxes imposed by the U.S. Congress, however, must be uniform across the states. In other words, the government cannot impose higher taxes on residents of one state than it imposes on those of another.
Difficulty: 3 Hard
Topic: Taxing and Spending Powers of the Federal Government
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
74) Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to “check out” Sam. Therefore, they immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer, who just graduated from law school, is not sure if the police acted legally in Sam’s case by breaking down the door. Which of the following is true on that issue?
Answer: E
Explanation: The Fourth Amendment to the United States Constitution guarantees the right to be “secure in their persons, their homes, and their personal property.” Thus, it prohibits the government from conducting unreasonable searches of individuals and seizing their property to use as evidence against them. A search is unreasonable if the government official conducting the search does not first obtain a search warrant from a court.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Evaluate
AACSB: Technology
Accessibility: Keyboard Navigation
75) Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to “check out” Sam. Therefore, they immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?
Answer: A
Explanation: The Fifth Amendment to the United States Constitution protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against himself or herself.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
76) Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers, while randomly passing through the neighborhood, saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to “check out” Sam. Therefore, they immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self-incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer is concerned that the judge has not granted Sam a hearing. Which of the following is one right that the judge has violated?
Answer: C
Explanation: Procedural due process, guaranteed by the Fifth Amendment to the United States Constitution, requires the government to use fair procedures when taking the life, liberty, or property of an individual or corporation. At a minimum, procedural due process entitles a person to notice of any legal action against her and to a hearing before an impartial tribunal.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
77) Explain the system of checks and balances established by the United States Constitution, and set forth your opinion as to whether such a system adequately supports a democratic form of government.
Answer: The United States Constitution establishes the system of checks and balances. Each branch’s powers keep the other branches from dominating the government. Congress, the legislative branch, has the power to enact legislation, but the president can veto a law that Congress passes. The legislature, however, can overturn a presidential veto with a two-thirds vote of the members of Congress. Also, if Congress passes a bill and the president signs it, the judiciary can strike it down as unconstitutional. Student answers on the issue of whether or not this system supports a democratic form of government will vary.
Difficulty: 3 Hard
Topic: The U.S. Constitution
Learning Objective: 05-01 What is federalism?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
78) Explain the concept of the “Dormant Commerce Clause.” Address whether a state law banning the importation of out-of-state apples in order to assist in-state growers would violate the Dormant Commerce Clause.
Answer: The Dormant Commerce Clause is a restriction on a state’s authority to pass laws that substantially affect interstate commerce. Sometimes a state’s use of its police power affects interstate commerce. If the purpose of a state law is to regulate interstate commerce or to discriminate against interstate commerce, the law is usually unconstitutional. Likewise, if a law substantially interferes with interstate commerce, it is generally unconstitutional. A law banning the importation of out-of-state apples in order to assist in-state growers would likely violate the Dormant Commerce Clause because it discriminates against out-of-state activity without sufficient reason.
Difficulty: 3 Hard
Topic: The Commerce Clause
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
79) Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled “Fire” as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether Christen is right on one or both counts and why.
Answer: While the First Amendment to the United States Constitution protects freedom of speech, this right is not absolute. For that reason, Christen did not have the right to yell “Fire” when there actually was no fire. Additionally, the First Amendment does not protect defamatory speech, false statements about another that are injurious to that person’s reputation.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-04 How does the commerce clause affect the power of both the state and federal governments to regulate?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
80) Explain the Central Hudson Gas & Electric Corp. v. Public Service Commission of New York test for commercial speech and set forth your opinion as to whether the Central Hudson test should be expanded to provide additional protection for commercial speech.
Answer: Commercial speech is speech that conveys information related to the sale of goods and services. Courts analyze government restrictions on commercial speech according to the following four-part test established in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York:
(1) Does the speech concern an illegal activity? Is it misleading?
(2) Is the government interest served by the restriction on commercial speech substantial?
(3) Does the regulation directly advance the government interest asserted?
(4) Is the regulation more extensive than necessary to serve the government interest?
Student opinion on whether the test should be expanded to provide additional protection for commercial speech will vary.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
81) When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply (if any) in cases involving this standard? Explain whether you believe the strict scrutiny standard should be applied when a state government institutes a law distinguishing between individuals or groups.
Answer: If a law prevents individuals from exercising a fundamental right, or if the law’s classification scheme involves suspect classifications, the action will be subject to strict scrutiny. Suspect classifications include classifications based on race, national origin, and citizenship. Courts uphold suspect classifications only if they are necessary to promote a compelling state interest. In cases involving suspect classifications, courts do not begin their analysis with a presumption that the classification is constitutional, so few laws pass the strict-scrutiny standard. Student opinion on whether the strict-scrutiny standard should always apply in cases implicating equal protection issues will vary.
Difficulty: 3 Hard
Topic: The Amendments to the Constitution
Learning Objective: 05-06 How do the rights guaranteed by the Bill of Rights affect business managers?
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
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Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
