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quizd

Page history last edited by PBworks 14 years, 2 months ago

Quiz D Chapter 4 - Constitutional Authority to Regulate Business

 

1. Our federal form of government divides power into three branches of government: the judicial, executive, and legislative branches. Which of the branches has the power to limit the actions of both of the other two branches?

 

a. the executive branch

b. the legislative branch

c. the judicial branch

d. all of the above

 

2. Alpha and Beta companies both make fax machines in Oregon. Alpha buys all materials from Oregon producers, and sells machines exclusively in its home state. Beta sells fax machines nationwide. Which of these companies may the federal government regulate under the commerce clause of the U.S. Constitution, Article 1, Section 8?

 

a. Alpha only

b. Beta only

c. both Alpha and Beta

d. neither Alpha nor Beta

 

3. Individual states possess police power within their borders. Which of the following activities fall under the heading of police powers?

 

a. antidiscrimination laws

b. licensing requirements

c. zoning restrictions

d. all of the above

 

4. Which statement characterized the powers of the federal government under the commerce clause?

 

a. Congress may regulate every commercial transaction.

b. Congress may regulate every interstate transaction.

c. Congress may regulate anything at all.

d. none of the above

 

5. The Texas legislature passes a law requiring all trucks passing through the state to display Earl Campbell mudguards. If this law is challenged in court, what will be the likely outcome?

 

a. It will be upheld, as a state has absolute power within its own borders.

b. It will be upheld, because it falls within Texas' police powers.

c. It will be overturned, because it unduly hinders interstate commerce.

d. It is impossible to say.

 

6. Congress has which of the following spending powers?

 

a. It may spend to carry out any enumerated power.

b. It may spend to carry out most objectives it deems worthwhile.

c. It may spend towards any end whatsoever.

d. both A and B

 

7. Chuck grows marijuana in his downtown apartment. The police enter his apartment without knocking, and without a search warrant. Which amendment will Chuck likely use to escape prosecution?

 

a. 1st

b. 4th

c. 8th

d. 18th

 

8. Which of the following are protected free speech under the 1st Amendment?

 

a. discussing unpopular political ideas

b. burning the American flag

c. giving the finger to the President as his limo drives by.

d. all of the above

 

9. Budweiser wants to advertise on billboards at baseball games, but a state law prohibits such advertising at public events. If Budweiser challenges this law under the 1st Amendment, is the challenge likely to be successful?

 

a. yes, because the freedom of speech is absolute

b. no, because advertising is not speech

c. no, because commercial speech is never protected

d. no, because commercial speech is not protected as long as a restrictive law furthers a substantial government interest

 

10. Who enjoys protection under the 1st Amendment?

 

a. people

b. corporations

c. both A and B

d. none of the above

 

11. As Joe walks down the street, he is followed by Jim. Jim shouts various things at Joe. Which of these statements by Jim is protected by the 1st Amendment?

 

a. "You are a coward! Come fight like a man!"

b. "You are an adulterer!" (Joe has never committed adultery)

c. "Your pants are very ugly!"

d. all of the above

 

12. Alabama decides it wants to clean up newsstands in its state. It passes a law prohibiting the sale of all pornography, including heterosexual, homosexual, animal, and child pornography. (Animal pornography depicts various animals being bred, and is of great interest to graduates of Texas A & M). If challenged as unconstitutional, which of the categories of pornography is MOST likely to REMAIN banned?

 

a. homosexual

b. heterosexual

c. child

d. animal

 

13. Billy Basketcase starts a new religion--the Cult of the Spotted Woodchuck. Every full moon, members strip to their underwear and roam about looking for spotted woodchucks to worship. Neighbors have begun to complain. If neighbors attempt to stop this religious practice, they will have the most constitutional trouble with

 

a. the establishment clause.

b. the free exercise clause.

c. the separation of church and state clause.

d. the free speech clause.

 

14. Which of the following violates the constitutional requirement that church and state remain separated?

 

a. mandatory prayer in public schools

b. mandatory closing of all stores on Sunday

c. display of a nativity scene in a local Christmas "Trail of Lights"

d. all of the above

 

15. Congress decides to invade Cuba, and further decides to reinstate the draft. Fred is a father of four, a devout Christian who does not believe in violence, and who is afraid of guns. For which of these reasons, if any, may Fred be able to avoid the draft?

 

a. his status as a father

b. his religious beliefs

c. his fear of guns

d. none of the above

 

16. Officer Ollie pulls over Ned Ne'erdowell after a high speed chase. Ollie smells marijuana fumes in the car, and believes that if he wastes time getting a search warrant, Ned will dispose of the evidence. Which of these arguments is likely to be an effective defense for Ned?

 

a. Ollie did not have probable cause.

b. Ollie did not have a search warrant.

c. both A and B

d. none of the above

 

17. Officer Ollie has received a trustworthy tip that illegal activity is occurring in the apartment of Gary Gangster. Ollie gets a warrant to search for illegal activity from Judge Jennifer, and searches the apartment. He finds several pounds of marijuana, and arrests Gary. Which of these arguments is likely to be an effective defense for Gary?

 

a. Ollie did not have probable cause.

b. Ollie had a general warrant.

c. both A and B

d. none of the above

 

18. Which of the following receive Constitutional protection against self-incrimination?

 

a. a human in a criminal trial

b. a human in a civil trial

c. a corporation in a criminal trial

d. both A and C

 

19. Businesses are often searched to see if they are in compliance with government regulations. For which of these businesses is a warrant required to conduct a search?

 

a. a grocery store suspected of overpricing products

b. a grocery store suspected of discriminating against minority employees

c. a grocery store suspected of selling spoiled food

d. all of the above

 

20. Businesses are often searched to see if they are in compliance with government regulations. For which of these businesses is a warrant required to conduct a search?

 

a. a butcher

b. a baker

c. a candlestick maker

d. none of the above

 

21. Texas decides that it is unemployment rate is too high. In order to ensure that Texans get the jobs available in Texas, they decide not to let anyone from Oklahoma cross the border. Armed border guards block roads and say to Oklahomans, "You go back home, there's no work for you here." This Texas policy violates the

 

a. full faith and credit clause.

b. privileges and immunities clause.

c. advise and consent clause.

d. none of the above.

 

22. Derrin Deadbeat is ordered to pay child support in Louisiana. He flees to Kansas to attempt to avoid payment. His ex-wife follows him, and sues him in a Kansas court. The Kansas court will force Derrin to honor his child support obligation because of the

 

a. full faith and credit clause.

b. privileges and immunities clause.

c. advise and consent clause.

d. none of the above

 

23. The federal government decides it is spending too much on welfare programs. It decides to evict all residents of a Chicago subsidized housing project without notice. This action likely violates the residents'

 

a. substantive due process rights.

b. procedural due process rights.

c. equal protection rights.

d. privacy rights.

 

24. A new federal law prohibits people over age 75 from driving automobiles. Ollie Octogenarian challenges the law on the grounds that it violates the equal protection clause. Which standard of review will be applied in this case?

 

a. strict scrutiny

b. intermediate scrutiny

c. the rational basis test

d. the M'Naghten test

 

25. Which of the following Amendment(s) have been used to derive the right to privacy?

 

a. 1st

b. 4th

c. 9th

d. all of the above

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