Essentials of Business Law Anthony Liuzzo 10e - Test Bank

Essentials of Business Law Anthony Liuzzo 10e – Test Bank

 

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Essentials of Business Law, 10e (Liuzzo)

Chapter 5   Constitutional Law

 

1) The Canadian Constitution forms the basis for all American Law.

 

Answer:  FALSE

Explanation:  The United States Constitution, although relatively brief, forms the basis for all American law.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

2) In the United States, power for the federal and state governments come from the U.S. Constitution and state constitutions.

 

Answer:  TRUE

Explanation:  The federal Constitution and state constitutions confer express and implied powers on the governments.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

3) Express powers are those that are specifically stated in the U.S. Constitution.

 

Answer:  TRUE

Explanation:  Express powers are those that are specifically stated. For example, the federal Constitution grants the federal government the explicit powers to raise an army and to impose taxes.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

4) The process of a court deciding whether a law is contrary to the Constitution is known as the doctrine of judicial review.

 

Answer:  TRUE

Explanation:  The process of deciding if a law is contrary to the Constitution is known as judicial review.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

5) Each amendment of the federal Constitution needs to be ratified by the legislatures of half of the 50 states.

 

Answer:  FALSE

Explanation:  Each amendment to the United States Constitution must be proposed by a two-thirds vote of Congress and ratified, or approved, by the legislatures of three-fourths of our 50 states.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

6) Since its inception, the Constitution of the United States has been amended many times.

 

Answer:  TRUE

Explanation:  The Constitution has been amended, or changed, 27 times, and it will probably continue to be amended.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

7) The commerce clause is a provision of the U.S. Constitution that grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.

 

Answer:  TRUE

Explanation:  The commerce clause is a provision of the Constitution that grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.

Difficulty: 1 Easy

Topic:  The Commerce Clause, The Full Faith and Credit Clause, and the Supremacy Clause

Learning Objective:  05-02 Discuss the main provisions of the commerce clause, the full faith and credit clause, and the supremacy clause.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

8) It is impermissible under the U.S. Constitution for a municipality to pass a law limiting what a journalist can write or say about a political candidate or issue.

 

Answer:  TRUE

Explanation:  It is unconstitutional, based on the First Amendment, for a state or municipality to pass a law limiting what a journalist can write or say about a political candidate or issue.

Difficulty: 1 Easy

Topic:  The First Amendment

Learning Objective:  05-03 Describe three provisions of the First Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

9) The right to bear arms as articulated in the Second Amendment has limitations.

 

Answer:  TRUE

Explanation:  The right to bear arms is not unlimited. Some 21st-century weapons were never imagined by the framers of the Constitution. Once again, interpreting the Constitution is a matter of drawing a line between what is and what is not permissible, balancing rights versus responsibilities.

Difficulty: 1 Easy

Topic:  The Second Amendment

Learning Objective:  05-04 Discuss the current state of constitutional law with respect to the Second Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

10) Under the Fourth Amendment police officers and other government officials must have probable cause to conduct a personal or property search.

 

Answer:  TRUE

Explanation:  The Fourth Amendment requires that police officers and other government officials have probable cause to conduct a personal or property search.

Difficulty: 1 Easy

Topic:  The Fourth Amendment

Learning Objective:  05-05 Describe the requirement of probable cause under the Fourth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

11) If Owen refused to testify on the premise that the information he would divulge would self-incriminate him, he can legally do so under the First Amendment.

 

Answer:  FALSE

Explanation:  Self-incrimination: the Fifth Amendment gives individuals the right to refuse to divulge information that could later be used against them in a criminal proceeding.

Difficulty: 1 Easy

Topic:  The Fifth Amendment

Learning Objective:  05-06 Identify and explain four protections provided by the Fifth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

12) The Eighth Amendment ensures that people in the United States who are accused of a crime will not be subject to excessive bail.

 

Answer:  TRUE

Explanation:  The Eighth Amendment mandates that people accused or convicted of crimes are not to be subject to excessive bail.

Difficulty: 1 Easy

Topic:  The Eighth Amendment

Learning Objective:  05-07 Provide examples of cases that are addressed by the Eighth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

13) The Eighth Amendment prevents the government from imposing an unjustly harsh fine on a person convicted of a crime.

 

Answer:  TRUE

Explanation:  The Eighth Amendment prevents the government from imposing an unjustly harsh fine on a person convicted of a crime.

Difficulty: 1 Easy

Topic:  The Eighth Amendment

Learning Objective:  05-07 Provide examples of cases that are addressed by the Eighth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

14) The Fourteenth Amendment, which guarantees due process and equal protection to all citizens, applies to actions of all state governments.

 

Answer:  TRUE

Explanation:  The Fourteenth Amendment reads, in part, as follows: “No State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Thus, the Fourteenth Amendment applies directly to the 50 states.

Difficulty: 1 Easy

Topic:  The Fourteenth Amendment

Learning Objective:  05-08 Explain the due process and equal protection clauses of the Fourteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

15) Under the Fourteenth Amendment, if a state law discriminates on the basis of race or national origin, or if the law infringes on a fundamental constitutional right, the state must show that the law passes the rational basis test.

 

Answer:  FALSE

Explanation:  Under the Fourteenth Amendment, if a state law discriminates on the basis of race or national origin, or if the law infringes on a fundamental constitutional right, the state must show that the law passes the strict scrutiny test.

Difficulty: 1 Easy

Topic:  The Fourteenth Amendment

Learning Objective:  05-08 Explain the due process and equal protection clauses of the Fourteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

16) The rational basis test is a standard that courts use to measure whether a legislature had a compelling interest for enacting a particular statute that infringes on an individual’s rights.

 

Answer:  FALSE

Explanation:  The strict scrutiny test is a standard that measures whether the state legislature had a compelling interest for enacting a particular statute.

Difficulty: 1 Easy

Topic:  The Fourteenth Amendment

Learning Objective:  05-08 Explain the due process and equal protection clauses of the Fourteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

17) The Sixteenth Amendment grants the federal government the power to impose and collect a tax on individuals’ incomes.

 

Answer:  TRUE

Explanation:  The Sixteenth Amendment grants the federal government the power to impose and collect a tax on individuals’ incomes.

Difficulty: 1 Easy

Topic:  The Sixteenth Amendment

Learning Objective:  05-09 Discuss how the Internal Revenue Service administers the collection of income taxes pursuant to the Sixteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

18) The Internal Revenue Service (IRS) is a federal agency established by Congress and tasked with administering and collecting federal income tax under the Sixteenth Amendment.

 

Answer:  TRUE

Explanation:  The Internal Revenue Service (IRS) is a federal agency established by Congress and tasked with administering and collecting federal income tax under the Sixteenth Amendment.

Difficulty: 1 Easy

Topic:  The Sixteenth Amendment

Learning Objective:  05-09 Discuss how the Internal Revenue Service administers the collection of income taxes pursuant to the Sixteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

19) One of the functions of the IRS is to educate and improve citizens’ understanding of the nation’s tax laws.

 

Answer:  TRUE

Explanation:  The IRS creates and enforces tax laws and improves taxpayers’ understanding of tax laws.

Difficulty: 1 Easy

Topic:  The Sixteenth Amendment

Learning Objective:  05-09 Discuss how the Internal Revenue Service administers the collection of income taxes pursuant to the Sixteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

20) The U.S. Constitution confers express and ________ powers on the government.

1. A) implied
2. B) corporate
3. C) unlimited
4. D) criminal

 

Answer:  A

Explanation:  The federal Constitution and state constitutions confer express and implied powers on the governments.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

21) Each constitutional amendment must be proposed by a:

1. A) two-thirds vote of Congress.
2. B) one-fourth vote of Congress.
3. C) one-third vote of Congress.
4. D) three-fourths vote of Congress.

 

Answer:  A

Explanation:  Each amendment to the United States Constitution must be proposed by a two-thirds vote of Congress and ratified, or approved, by the legislatures of three-fourths of our 50 states.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

22) Under the doctrine of preemption, if there is a conflict of laws which law must be followed?

1. A) state law
2. B) municipal law
3. C) federal law
4. D) international law

 

Answer:  C

Explanation:  If a state or local law is inconsistent with the federal law, the state or local law may be declared unconstitutional, and the federal law must be followed.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

23) The Constitution is divided and subdivided into all of the following EXCEPT:

1. A) articles.
2. B) sections.
3. C) clauses.
4. D) papers.

 

Answer:  D

Explanation:  The Constitution is divided into major divisions, called articles; subdivisions, called sections; and in some cases sub-subdivisions, called clauses.

Difficulty: 1 Easy

Topic:  The Commerce Clause, The Full Faith and Credit Clause, and the Supremacy Clause

Learning Objective:  05-02 Discuss the main provisions of the commerce clause, the full faith and credit clause, and the supremacy clause.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

24) The following are considered clauses of the U.S. Constitution EXCEPT:

1. A) competitive clause.
2. B) full faith and credit clause.
3. C) supremacy clause.
4. D) commerce clause.

 

Answer:  A

Explanation:  The clauses that have a specific impact on businesses are referred to as the commerce clause, the full faith and credit clause, and the supremacy clause.

Difficulty: 1 Easy

Topic:  The United States Constitution

Learning Objective:  05-02 Discuss the main provisions of the commerce clause, the full faith and credit clause, and the supremacy clause.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

25) The supremacy clause is a provision of the United States Constitution that ________.

1. A) grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.
2. B) mandates that each state respect and enforce both the judgments awarded by courts in other states, and the statutes and case law of other states.
3. C) prohibits the states from discriminating on the basis of race or national origin.
4. D) requires judges to follow federal law in the event of a conflict with state law.

 

Answer:  D

Explanation:  The supremacy clause is a provision of the United States Constitution that requires judges to follow federal law in the event of a conflict with state law.

Difficulty: 1 Easy

Topic:  The Commerce Clause, The Full Faith and Credit Clause, and the Supremacy Clause

Learning Objective:  05-02 Discuss the main provisions of the commerce clause, the full faith and credit clause, and the supremacy clause.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

26) Courts have defined commerce as the movement or exchange of persons, goods or information between ________.

1. A) states
2. B) countries
3. C) municipalities
4. D) corporations

 

Answer:  A

Explanation:  Courts have held that the term commerce, as used in the Constitution, is defined as the movement or exchange of persons, goods, or information between states.

Difficulty: 1 Easy

Topic:  The Commerce Clause, The Full Faith and Credit Clause, and the Supremacy Clause

Learning Objective:  05-02 Discuss the main provisions of the commerce clause, the full faith and credit clause, and the supremacy clause.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

27) Freedom of speech is covered under which Amendment?

1. A) First Amendment
2. B) Second Amendment
3. C) Fourth Amendment
4. D) Sixteenth Amendment

 

Answer:  A

Explanation:  The First Amendment gives Americans freedom of speech; but not all speech is protected under this Amendment.

Difficulty: 1 Easy

Topic:  The First Amendment

Learning Objective:  05-03 Describe three provisions of the First Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

28) All of the following examples of individual behavior may be limited or silenced under the First Amendment EXCEPT:

1. A) speech that incites imminent danger.
2. B) speech that is defamatory.
3. C) child pornography.
4. D) political or religious speech.

 

Answer:  D

Explanation:  Examples of speech that may constitutionally be limited or silenced include speech that incites imminent danger, child pornography, speech that is legally obscene, speech that is defamatory, deceptive advertising, speech that threatens physical harm, and speech that interferes with intellectual property works.

Difficulty: 1 Easy

Topic:  The First Amendment

Learning Objective:  05-03 Describe three provisions of the First Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

29) What is the name for the part of the U.S. Constitution that makes it illegal for the government to create a national religion or favor one religion over another?

1. A) the establishment clause
2. B) the commerce clause
3. C) the supremacy clause
4. D) the full faith and credit clause

 

Answer:  A

Explanation:  The establishment clause makes it unconstitutional for government to recognize a single national religion or even to create policies or practices that favor one religion over another.

Difficulty: 1 Easy

Topic:  The First Amendment

Learning Objective:  05-03 Describe three provisions of the First Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

30) The right to bear arms is protected under the ________ Amendment.

1. A) First
2. B) Second
3. C) Eighth
4. D) Sixteenth

 

Answer:  B

Explanation:  The Second Amendment protects the right to bear arms.

Difficulty: 1 Easy

Topic:  The Second Amendment

Learning Objective:  05-04 Discuss the current state of constitutional law with respect to the Second Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

31) The Fourth Amendment ________.

1. A) requires police officers and other government officials to have probable cause to be able to conduct a personal or property search
2. B) mandates that each state respect and enforce both the judgments awarded by courts in other states, and the statutes and case law of other states
3. C) requires state judges to follow federal law in the event of a conflict with state law
4. D) grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes

 

Answer:  A

Explanation:  The Fourth Amendment requires that police officers and other government officials have probable cause to be able to conduct a personal or property search.

Difficulty: 1 Easy

Topic:  The Fourth Amendment

Learning Objective:  05-05 Describe the requirement of probable cause under the Fourth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

32) The Fourth Amendment requires police officers to have ________ to conduct a search on a person.

1. A) guilty admission
2. B) informed hunch
3. C) reasonable suspicion
4. D) probable cause

 

Answer:  D

Explanation:  The Fourth Amendment requires that police officers and other government officials (but not private citizens) have probable cause to be able to conduct a personal or property search.

Difficulty: 1 Easy

Topic:  The Fourth Amendment

Learning Objective:  05-05 Describe the requirement of probable cause under the Fourth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

33) The Fifth Amendment requires that all persons be granted procedural and ________ due process.

1. A) reflective
2. B) contractual
3. C) substantive
4. D) administrative

 

Answer:  C

Explanation:  The Fifth Amendment requires that all persons be granted both procedural and substantive due process.

Difficulty: 1 Easy

Topic:  The Fifth Amendment

Learning Objective:  05-06 Identify and explain four protections provided by the Fifth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

34) The prohibition against trying a defendant more than once for the same offense is called ________.

1. A) double jeopardy
2. B) self incrimination
3. C) eminent domain
4. D) supremacy clause

 

Answer:  A

Explanation:  The Fifth Amendment protection against double jeopardy does not allow a court to try a criminal defendant more than once for the same offense, whether the first trial has ended in an acquittal or a conviction.

Difficulty: 1 Easy

Topic:  The Fifth Amendment

Learning Objective:  05-06 Identify and explain four protections provided by the Fifth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

35) The ________ Amendment restricts both the severity and the types of punishments that may be imposed by federal and state governments.

1. A) First
2. B) Fourth
3. C) Eighth
4. D) Sixteenth

 

Answer:  C

Explanation:  The Eighth Amendment restricts both the severity and the types of punishments that may be imposed by federal and state governments.

Difficulty: 1 Easy

Topic:  The Eighth Amendment

Learning Objective:  05-07 Provide examples of cases that are addressed by the Eighth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

36) The Eighth Amendment provides for all of the following EXCEPT:

1. A) restricting both the severity and the types of punishments that may be imposed by federal and state governments.
2. B) mandating that people accused or convicted of crimes are not to be subject to excessive bail.
3. C) preventing the government from imposing an unjustly harsh fine on a person convicted of a crime.
4. D) allowing for barbarous punishment against an individual convicted of a crime.

 

Answer:  D

Explanation:  The Eighth Amendment restricts both the severity and the types of punishments that may be imposed by federal and state governments, mandates that people accused or convicted of crimes are not to be subject to excessive bail, and prevents the government from imposing an unjustly harsh fine on a person convicted of a crime.

Difficulty: 1 Easy

Topic:  The Eighth Amendment

Learning Objective:  05-07 Provide examples of cases that are addressed by the Eighth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

37) Under the Fourteenth Amendment, if a law discriminates on the basis of sex, or if the law restricts commercial speech, the state must demonstrate that the law passes the ________ test.

1. A) strict scrutiny
2. B) effect on conscience
3. C) intermediate scrutiny
4. D) rational basis

 

Answer:  C

Explanation:  Under the Fourteenth Amendment, if a law discriminates on the basis of sex, or if the law restricts commercial speech, the state must demonstrate that the law passes the intermediate scrutiny test.

Difficulty: 1 Easy

Topic:  The Fourteenth Amendment

Learning Objective:  05-08 Explain the due process and equal protection clauses of the Fourteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

38) If a law places restrictions on economic or property interests, or if the law discriminates on a basis other than race, sex, national origin, and related categories, the state must show that the law passes the ________ test.

1. A) rational basis
2. B) corporate assurance
3. C) intermediate scrutiny
4. D) strict scrutiny

 

Answer:  A

Explanation:  If the law places restrictions on economic or property interests, or if the law discriminates on a basis other than race, sex, national origin, and related categories, the state must show that the law passes the rational basis test.

Difficulty: 1 Easy

Topic:  The Fourteenth Amendment

Learning Objective:  05-08 Explain the due process and equal protection clauses of the Fourteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

39) The Fourteenth Amendment to the U.S. Constitution does not permit ________ from denying individual due process.

1. A) the federal government
2. B) states
3. C) international bodies
4. D) corporate entities

 

Answer:  B

Explanation:  Just as it is impermissible for the federal government to deny an individual either substantive or procedural due process under the Fifth Amendment, it is also unconstitutional under the Fourteenth Amendment for a state to deny an individual due process.

Difficulty: 1 Easy

Topic:  The Fourteenth Amendment

Learning Objective:  05-08 Explain the due process and equal protection clauses of the Fourteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

40) The ________ Amendment grants the federal government the power to impose and collect a tax on individuals’ incomes.

1. A) Sixteenth
2. B) Eighth
3. C) Fourteenth
4. D) Fourth

 

Answer:  A

Explanation:  The Sixteenth Amendment grants the federal government the power to impose and collect a tax on individuals’ incomes.

Difficulty: 1 Easy

Topic:  The Sixteenth Amendment

Learning Objective:  05-09 Discuss how the Internal Revenue Service administers the collection of income taxes pursuant to the Sixteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

41) The ________ is a federal agency established by Congress and tasked with administering and collecting federal income tax.

1. A) FDIC
2. B) FDA
3. C) IRS
4. D) SEC

 

Answer:  C

Explanation:  The Internal Revenue Service (IRS) is a federal agency established by Congress and tasked with administering and collecting federal income tax under the Sixteenth Amendment.

Difficulty: 1 Easy

Topic:  The Sixteenth Amendment

Learning Objective:  05-09 Discuss how the Internal Revenue Service administers the collection of income taxes pursuant to the Sixteenth Amendment.

Bloom’s:  Remember

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

42) Identify and describe the process of deciding if a law violates the Constitution.

 

Answer:  Both federal and state courts have the power to determine whether laws enacted by legislatures or decisions made by lower courts violate the provisions of the Constitution. If a court decides that a law is contrary to the Constitution, the law will be declared unconstitutional and therefore invalid.

Explanation:  The process of deciding if a law is contrary to the Constitution is known as judicial review. Courts have the power to determine whether laws enacted by legislatures or decisions made by lower courts violate the provisions of the Constitution. If a court decides that a law is contrary to the Constitution, the law will be declared unconstitutional, and, therefore, invalid.

Difficulty: 2 Medium

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Understand

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

43) Describe the doctrine of preemption.

 

Answer:  The doctrine of preemption is a principle that states that when certain state or local laws are inconsistent with the federal law, the federal law must be followed.

Explanation:  If a state or local law is inconsistent with the federal law, the state or local law will be declared unconstitutional, and the federal law must be followed. This is known as the doctrine of preemption—that is, the federal law preempts, or supersedes, the state law. This doctrine applies only in instances where the law in question pertains to a power that the Constitution has expressly or implicitly granted to Congress.

Difficulty: 2 Medium

Topic:  The United States Constitution

Learning Objective:  05-01 Explain the difference between express and implied powers, describe the process used to amend the U.S. Constitution, and explain judicial review and the doctrine of preemption.

Bloom’s:  Understand

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

44) Discuss the First Amendment’s protection of free speech and what types of speech under the First Amendment may be limited or silenced.

 

Answer:  The First Amendment gives Americans freedom of speech; but not all speech is protected under this amendment.

Explanation:  The First Amendment’s freedom of speech clause gives Americans a fundamental right. Individuals have the right to freedom of political or religious speech, but this right should be guarded most zealously when the speech is unpopular, upsetting, ignorant, or even anger-provoking. As such, speech that is sexist, racist, ageist, or otherwise offensive is also protected. The following are examples of speech that may constitutionally be limited or silenced: speech that incites imminent danger; child pornography; speech that is legally obscene; speech that threatens physical harm; speech that is defamatory, including both slander and libel; and interference with works protected by trademark, patent, or copyright law.

Difficulty: 2 Medium

Topic:  The First Amendment

Learning Objective:  05-03 Describe three provisions of the First Amendment.

Bloom’s:  Understand

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

 

45) Provide examples of searches and seizures considered to be unreasonable under the Fourth Amendment.

 

Answer:  Examples of unreasonable searches and seizures include a detention of longer than 48 hours after a criminal arrest, a nonconsensual extraction of blood, and the gathering of fingerprint evidence in certain circumstances.

Difficulty: 2 Medium

Topic:  The Fourth Amendment

Learning Objective:  05-05 Describe the requirement of probable cause under the Fourth Amendment.

Bloom’s:  Understand

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation

 

46) What power does the Sixteenth Amendment grant the federal government and what agency was created by Congress to aid the federal government in administering these powers?

 

Answer:  The Sixteenth Amendment grants the federal government the power to impose and collect a tax on individuals’ incomes. The Internal Revenue Service is a federal agency established by Congress and tasked with administering and collecting federal income tax under the Sixteenth Amendment.

Difficulty: 2 Medium

Topic:  The Sixteenth Amendment

Learning Objective:  05-09 Discuss how the Internal Revenue Service administers the collection of income taxes pursuant to the Sixteenth Amendment.

Bloom’s:  Understand

AACSB:  Knowledge Application

Accessibility:  Keyboard Navigation