Law Business and Society 11th Edition McAdams Test Bank 1

Chapter 05 – Constitutional Law and the Bill of Rights
Test Bank for Law Business and Society 11th Edition

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Chapter 05
Constitutional Law and the Bill of Rights
True/False Questions
1. Articles IV and VI, as well as the 14th Amendment, address the relationship between the
federal government and the states.
Answer: True
AACSB: Analytical Thinking
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-01 Recognize the purposes of the U.S. Constitution.
Topic: Structure and Purpose
Feedback: Articles IV and VI, as well as the 14th Amendment, address the relationship
between the federal government and the states. Article VI provides in Clause 2 (the
Supremacy Clause) for the supremacy of federal law over state law.
2. The Constitution protects citizens from purely private concentrations of power, such as
large corporations.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
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Feedback: The Constitution does not protect citizens from purely private concentrations of
power, such as large corporations. In fact, corporations themselves are often entitled to the
protections of the Constitution.
3. Congressional authority is formally limited to certain enumerated powers.

Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-02 Describe the separation of powers under the U. S. Constitution.
Feedback: Congressional authority is formally limited to certain enumerated powers (Article
I, Section 8), such as the authority to regulate commerce. The 10th Amendment provides that
all power not expressly accorded to the federal government in the Constitution resides in the
states or the people.
4. The 10th Amendment provides that all power not expressly accorded to the federal
government in the Constitution resides in the states or the people.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: The 10th Amendment provides that all power not expressly accorded to the federal
government in the Constitution resides in the states or the people. Certain constitutional
checks or restraints, including the Bill of Rights, limit how far Congress can reach even
within its enumerated powers.
5. The Supreme Court among other responsibilities, executes laws, makes treaties, and
commands the armed forces.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-02 Describe the separation of powers under the U.S. Constitution.
Feedback: The Supreme Court and the inferior courts have judicial authority at the federal
level. The President, Congress, and the courts each have specialized areas of authority, as
provided for by the Constitution. Congress has the sole power to legislate at the federal level,
whereas the president, among other responsibilities, executes laws, makes treaties, and
commands the armed forces.
6. The Supreme Court has the power to veto acts of Congress.

Answer: False

Blooms: Remember
Difficulty: 1 Easy
Feedback: The President, Congress, and the courts each have specialized areas of authority,
as provided for by the Constitution. The president has the power to veto acts of Congress;
those vetoes can be overridden by a two-thirds vote of each house, and the judiciary can find
those acts unconstitutional.
7. The Constitution divides governmental power between the federal and state governments.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: The Constitution divides governmental power between the federal and state
governments. Congressional authority is formally limited to certain enumerated powers such
as the authority to regulate commerce (Article I, Section 8).
8. Article III establishes the court system.

Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: Article I creates Congress, Article II sets up the executive branch, headed by the
president, and Article III establishes the court system.
9. Article I provides in Clause 3 for the supremacy of federal law over state law.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Article VI provides in Clause 2 (the Supremacy Clause) for the supremacy of
federal law over state law. Articles IV and VI, as well as the 14th Amendment, address the
relationship between the federal government and the states.
10. The Due Process Clause of the 14th Amendment incorporates the personal freedoms
guaranteed by the Bill of Rights and protects them against intrusion by state governments.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-04 Describe the powerful role the Bill of Rights plays in protecting
personal freedom.
Feedback: The Bill of Rights protects our personal freedoms (speech, religion, and more)
from encroachment by the federal government. Furthermore, the Supreme Court has ruled
that the Due Process Clause of the 14th Amendment, which is directed at the states, absorbs
or incorporates those fundamental freedoms and protects them against intrusion by state
governments.
11. According to the First Amendment, government may neither encourage nor discourage
the practice of religion generally, nor may it give preference to one religion over another.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-03 Identify the freedoms protected under the First Amendment.
Topic: The First Amendment
Feedback: The First Amendment forbids (1) the establishment of an official state religion (the
Establishment Clause) and (2) undue state interference with religious practice (the Free
Exercise Clause). Government may neither encourage nor discourage the practice of religion
generally, nor may it give preference to one religion over another.
12. Freedom of speech is absolute.

Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Freedom of speech is not absolute. Clearly we cannot freely make slanderous
statements about others, publicly utter obscenities at will, speak “fighting words” that are
likely to produce a clear and present danger of violence, or yell “Fire” in a crowded theater.
13. Freedom of religion is the primary guarantor of the American approach to life.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Freedom of speech is the primary guarantor of the American approach to life. Not
only is it indispensable to democracy and personal dignity, but Americans believe that the
free expression of ideas is the most likely path to the best ideas.
14. The defense of the First Amendment is available to government employees who speak out
“pursuant to their official duties.”
Answer: False
Blooms: Remember
Difficulty: 2 Medium
Feedback: Government employees’ free speech rights are substantially limited on the job.
The U.S. Supreme Court in 2006 ruled that government employees who speak out “pursuant
to their official duties” are speaking as employees, not citizens, and therefore are not
protected by the First Amendment, from discipline, regardless of the content of their
message. The Court pointed to the government’s need for efficiency and order in its
workplace. In 2014, the United States Supreme Court clarified that public workers act as
citizens when they testify under oath; therefore, the First Amendment protects them from
retaliation based on their testimony.
15. Commercial speech receives greater protection under the Constitution than political
speech.
Answer: False
Blooms: Understand
Learning Objective: 05-05 Discuss the differences between First Amendment protections of
commercial speech versus political speech.
Feedback: In 1942, the U.S. Supreme Court ruled that commercial speech was not entitled to
First Amendment protection. Subsequently the Court changed its stance and extended First
Amendment rights to commercial speech, but those rights were much more limited than for
political speech.
16. A search warrant issued by a judge is necessary to comply with the Constitution in
making a narcotics search.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-06 Explain the “exclusionary rule.”
Topic: The Fourth Amendment
Feedback: In general, a search warrant issued by a judge is necessary to comply with the
Constitution in making a narcotics search. A warrantless search is permissible, however,
where reasonable, as in association with an arrest or where probable cause exists to believe a
drug-related crime has been committed but circumstances make securing a warrant
impracticable.
17. A police officer may not secure drugs that have been abandoned or that are in plain view
if a warrant has not been obtained.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Incident to an arrest, a search may lawfully include the person, a car, and the
immediate vicinity of the arrest. Furthermore, a police officer may lawfully secure drugs that
have been abandoned or that are in plain view even though a warrant has not been obtained.
18. The Fourth Amendment prohibits all warrantless searches.

Answer: False
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-07 Describe some of the issues arising under the Fourth Amendment
“search and seizure” rules.
Feedback: In general, a search warrant issued by a judge is necessary to comply with the
Constitution in making a narcotics search. According to the Fourth Amendment, a
warrantless search is permissible, however, where reasonable, as in association with an arrest
or where probable cause exists to believe a drug-related crime has been committed but
circumstances make securing a warrant impracticable.
19. Regulatory takings normally do not require government compensation.

Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-08 Describe the law of the Fifth Amendment “Takings Clause” and
the property rights controversy associated with it.
Topic: The Fifth Amendment
Feedback: Regulatory takings, whether temporary or permanent, normally do not require
government compensation because doing so would severely impair the state’s ability to
govern in an orderly manner. Nonetheless, in recent years the courts have been more
aggressive about requiring just compensation for some regulatory takings.
Multiple Choice Questions
20. Which of the following statements is true of Article I of the United States Constitution?
A. It establishes the court system.
B. It creates Congress and enumerates its powers.
C. It sets up the executive branch, headed by the president.
D. It addresses the relationship between the federal government and the states.
Answer: B

Blooms: Understand
Feedback: Article I of the United States Constitution creates Congress and enumerates its
powers. Article I, Section 8, Clause 3 is particularly important because it gives Congress the
power to regulate commerce (the Commerce Clause).
21. Which of the following provides for amendments to the Constitution?

A. Article III
B. Article IV
C. Article V
D. Article VI
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: Article V provides for amendments to the Constitution. The first 10 amendments,
known as the Bill of Rights, were ratified by the states and put into effect in 1791.
22. Which of the following statements is true of Article I, Section 8, Clause 3 of the
Constitution?
A. It gives Congress the power to regulate commerce.
B. It sets up the executive branch, headed by the president.
C. It addresses the relationship between the federal government and the states.
D. It provides for the supremacy of federal law over state law.
Answer: A
Blooms: Understand
Feedback: Article I creates Congress and enumerates its powers. Article I, Section 8, Clause 3
is particularly important because it gives Congress the power to regulate commerce (the
Commerce Clause).
23. Which of the following sets up the executive branch, headed by the president?
A. Article III
B. Article IV
C. Article I
D. Article II
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: Article I creates Congress, Article II sets up the executive branch, headed by the
president, and Article III establishes the court system. Articles IV and VI, as well as the 14th
Amendment, address the relationship between the federal government and the states.
24. Which of the following statements about the Constitution is true?

A. The Constitution prohibits Congress from regulating commerce.
B. The Constitution’s protections are not applicable for corporations.
C. The Constitution protects the citizens from public and private concentrations of power.
D. The Constitution was formed with an intent to protect the citizenry from the government.
Answer: D
Blooms: Understand
Feedback: Among other goals, the Constitution was designed to protect the citizenry from the
government. The Constitution does not protect citizens from purely private concentrations of
power, such as large corporations.
25. Which of the following is true of the Preamble?

A. It sets up the executive branch, which is headed by the president, and also establishes the
court system.
B. It addresses the relationship between the federal government and the states.
C. It identifies certain goals for our society, such as unity, justice, domestic tranquility, and
liberty.
D. It provides for the supremacy of federal law over state law.
Answer: C
Blooms: Understand
Feedback: The Preamble identifies certain goals for our society, such as unity (among the
various states), justice, domestic tranquility (peace), defense from outsiders, increasing
general welfare, and liberty.
26. Which of the following is a criticism of the historic 1803 Marbury v. Madison decision?
A. The federal and state judicial decisions finding “constitutional right” to abortion or same-
sex marriage have reduced the authority of directly elected legislators and placed too much
power in the hands of jurists who are removed from the weight of public opinion.
B. The federal departments of Justice and Education issued a “blueprint” for colleges
nationwide that redefines sexual harassment to include “unwelcome conduct of sexual
nature.”
C. The federal blueprint and campus speech codes designed to maintain safe, civil learning
environments that embrace diverse cultures act as restraints and are unconstitutional, and they
amount to a demand for politically correct speech.
D. Constitutional similarities between other nations and the United States have plunged while
emulation of the Canadian constitution, in particular, has soared.
Answer: A
Blooms: Understand
Feedback: Critics today argue that the Marbury reasoning has been stretched too far and that,
in effect, courts have been making law, rather than merely interpreting it. Those critics say
that federal and state judicial decisions finding a “constitutional right” to, for example,
abortion or same-sex marriage, have reduced the authority of our directly elected legislators
and placed too much power in the hands of jurists who are necessarily somewhat removed
from the weight of public opinion.
27. In the context of federalism, which of the following views was held by the Southerners?
A. They held that the federal government had often exercised authority beyond its express
constitutional powers.
B. They held that each state was entitled to make its own policy decisions about crucial
matters such as slavery.
C. They distrusted big government and favored that power be brought closer to the people.
D. They favored a more unified national approach to issues such as regulation of business,
educational policy, medical care, and civil rights.
Answer: B
Blooms: Understand
Feedback: The American Civil War was provoked in part because of differing conceptions of
federalism. Southerners held the view, labeled states rights, that each state was entitled to
make its own policy decisions about crucial matters such as slavery, while Northerners
favored a strong central government.
28. In the context of federalism, which of the following views is held by conservative
Americans?
A. They hold that federal government has often exercised authority beyond its express
B. They trust big government and favor bringing power closer to the people.
C. They favor a strong central government and believe that constitutional divide over
federalism is a challenge that exists even today.
D. They favor a more unified national approach to issues such as regulation of business,
Answer: A

Blooms: Understand
Feedback: Many “conservative” Americans distrust big government and favor bringing
power closer to the people. They think the federal government has often exercised authority
beyond its express constitutional powers.
29. In the context of federalism, which of the following is a view held by liberals?
A. They hold that federal government has often exercised authority beyond its express
B. They hold that each state is entitled to make its own policy decisions about crucial matters
such as slavery.
C. They distrust big government and favor bringing power closer to the people.
D. They favor a more unified national approach to issues such as regulation of business,
Answer: D
Blooms: Understand
Feedback: In the context of federalism, liberals tend to fear local biases and favor a more
unified national approach to issues such as regulation of business, educational policy, medical
care, and civil rights. Conservative Americans, on the other hand, think the federal
government has often exercised authority beyond its express constitutional powers.
30. Which of the following refers to federalism?

A. The Constitution’s provision for shared power among national, state, and local
governments
B. The principle that federal laws are supreme if a conflict between a federal and state law
arises.
C. The principle that the government cannot take private property without paying just
compensation
D. The provision for the protection of personal freedoms of speech and religion from
encroachment by the government
Answer: A
Blooms: Understand
Feedback: The U.S. government is built on federalism principles; that is, the Constitution
provides for shared power among national, state, and local governments. A primary role of
the Constitution is to balance central federal authority with dispersed state power.
31._____ is a tool frequently used by courts, where the judges must try to weigh the interest
of the states against the expressive rights of the individual.
A. The balancing test
B. The exclusionary rule
C. Ad quod damnum
D. Erga omnes
Answer: A
Blooms: Understand
Feedback: A tool frequently employed by the courts is the balancing test, where the judges
must try to weigh the interests of the state against the expressive rights of the individual.
32. Addressing two long-standing sources of constitutional ferment, three-judge panels of the
Ninth U.S. Circuit Court of Appeals in 2010 ruled that the use of the words “Under God” in
the Pledge of Allegiance and “In God We Trust” on U.S. currency do not violate the
separation of church and state principles of the _____.
A. First Amendment
B. Second Amendment
C. Fourth Amendment
D. Eighth Amendment
Answer: A
Blooms: Remember
Feedback: Addressing two long-standing sources of constitutional ferment, three-judge
panels of the Ninth U.S. Circuit Court of Appeals in 2010 ruled that the use of the words
“Under God” in the Pledge of Allegiance and “In God We Trust” on U.S. currency do not
violate the separation of church and state principles of the First Amendment. Indeed, the
pledge was amended in 1954 to include the words “Under God,” and some members of
Congress, at the time, said it was needed to distinguish the United States from “Godless
Communists.”
33. Which of the following is true of panhandling?

A. Begging for money on the street does not constitute expression.
B. The context of panhandling does not affect its constitutionality.
C. The content of begging is not restricted.
D. Courts do not permit restraints on aggressive panhandling.
Answer: C
Blooms: Understand

Feedback: Courts have consistently concluded that begging for money on the street
constitutes expression. The content of the message (begging) is not restricted, but for
compelling reasons, authorities might lawfully shift the time, place, or manner of the
expression.
34. Which of the following is true of the First Amendment?

A. It forbids the government to deprive citizens of life, liberty, or property without due
process of law.
B. It prohibits the taking of private property for public use without just compensation for the
owner.
C. It forbids the establishment of an official state religion and undue state interference with
religious practice.
D. It provides the right of the people to be secure in their houses against unreasonable
searches and seizures shall not be violated.
Answer: C
Blooms: Understand
Feedback: The First Amendment forbids (1) the establishment of an official state religion (the
Establishment Clause) and (2) undue state interference with religious practice (the Free
Exercise Clause). Government may neither encourage nor discourage the practice of religion
generally, nor may it give preference to one religion over another.
35. Which of the following statements about freedom of speech is true?

A. Freedom of speech is absolute.
B. Freedom of speech is protected under the Second Amendment.
C. The state can regulate the context of speech.
D. The state can regulate the content of our speech.
Answer: C
Blooms: Understand
Feedback: The state cannot, for the most part, regulate the content of our speech. On the other
hand, the state does have greater authority to regulate the context of that speech; that is, the
state may be able to restrict where, when, and how we say certain things if that regulation is
necessary to preserve compelling state interests.
36. Which of the following is true of the Bill of Rights?

A. It consists of 17 amendments (11 through 27), which were adopted at various times from
1798 to 1992.
B. The Bill of Rights serves to enhance the powers of the federal government and the states.
C. The Bill of Rights protects our personal freedoms from encroachment by the federal
government.
D. It is a commercial document reflecting the economic interests of framers.
Answer: C
Blooms: Understand
Difficulty: 1 Easy
Learning Objective: 05-04 Describe the powerful role the Bill of Rights plays in protecting
personal freedoms.
Feedback: The Bill of Rights protects our personal freedoms (speech, religion, and more)
same from encroachment by the federal government. Furthermore, the Supreme Court has
ruled that the Due Process Clause of the 14th Amendment, which is directed at the states,
absorbs or incorporates those fundamental freedoms and protects them against intrusion by
state governments.
37. The _____ provides that, as a matter of due process, no evidence secured in violation of
the Fourth Amendment may be admitted as evidence in a court of law.
A. mailbox rule
B. contract bar rule
C. choice of law rule
D. exclusionary rule
Answer: D
Blooms: Remember
Feedback: Certainly, the most controversial dimension of Fourth Amendment interpretation is
the exclusionary rule, which provides that, as a matter of due process, evidence secured in
violation of the Fourth Amendment may not be used against a defendant at trial. As
ultimately applied to all courts by the 1961 U.S. Supreme Court decision in Mapp v. Ohio, we
can see that the exclusionary rule, while a very effective device for discouraging illegal
searches, seizures, and arrests, also from time to time has the effect of freeing guilty
criminals.
38. The _____ provides that the right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause.
A. Fourth Amendment
B. Fifth Amendment
C. First Amendment
D. Second Amendment
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: The Fourth Amendment provides that the right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause.
39. Which of the following is true of the Warrant Clause of the Fourth Amendment?
A. It protects commercial buildings as well as private homes from unauthorized searches.
B. It prohibits the taking of private property for public use without “just compensation” for
the owner.
C. It protects the right of the people to keep and bear arms.
D. It forbids the government to deprive citizens of life, liberty, or property without due
process of law.
Answer: A
Blooms: Understand
Feedback: The Warrant Clause of the Fourth Amendment protects commercial buildings as
well as private homes. To hold otherwise would belie the origin of that Amendment, and the
American colonial experience. . . . “[T]he Fourth Amendment’s commands grew in large
measure out of the colonists’ experience with the writs of assistance . . . [that] granted
sweeping power to customs officials and other agents of the king to search at large for
smuggled goods.” Against this background, it is untenable that the ban on warrantless
searches was not intended to shield places of business as well as of residence.
40. Which of the following statements about the Fifth Amendment is true?
A. It guarantees individual Americans a fundamental right to bear arms.
B. It forbids the establishment of an official state religion and undue state interference with
religious practice.
C. It prohibits the taking of private property for public use without just compensation for the
owner.
D. It provides the right for people to be secure in their houses against unreasonable searches
and seizures shall not be violated.
Answer: C
Blooms: Understand
Feedback: The Fifth Amendment prohibits the taking of private property for public use
without just compensation for the owner. In cases where owners do not want to sell,
governments often use the power of eminent domain to take private property for public uses
such as building highways, bike trails, and parks, while providing just compensation.
41. If a governmental body takes all of the economic value of a property or permanently
physically invades the property, the taking requires just compensation unless the government
is preventing a nuisance, or the regulation was permissible under property law at the time of
the purchase of the property. This type of regulatory taking is referred to as _____.
A. mitigation
B. partial taking
C. total taking
D. exaction
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: If a governmental body acts in a way that permanently takes all of the economic
value of a property or permanently physically invades the property, the taking requires just
compensation unless the government is (1) preventing a nuisance or (2) the regulation was
permissible under property law at the time of the purchase of the property. This type of
regulatory taking is referred to as total taking.
42. A situation where the government allows land development only if the owner dedicates
some property interest is called a(n) _____.
A. exaction
B. accommodation
C. total taking
D. partial taking
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: A second class of regulatory takings involves situations where the government
allows land development only if the owner dedicates some property interest (called an
exaction) or money (called a mitigation or impact fee) to the government. Thus if you are
developing land for housing, the city government might require that you devote a portion of
that land to parks or pay a fee to help with community recreation needs.
43. A regulatory taking where the government allows land development only if the owner
dedicates some money to the government is called a _____.
A. total taking
B. ramification
C. partial taking
D. mitigation
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: A second class of regulatory takings involves situations where the government
allows land development only if the owner dedicates some property interest (called an
exaction) or money (called a mitigation or impact fee) to the government. Thus if you are
developing land for housing, the city government might require that you devote a portion of
that land to parks or pay a fee to help with community recreation needs.
44. Which of the following classes of regulatory takings involves situations where
government may take a portion of a piece of property in order to expand roads, install a bike
path, or establish a buffer zone?
A. Partial takings
B. Exactions
C. Total takings
D. Mitigations
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: Partial takings involve situations where the government may take part of a piece of
property in order to expand a road, install a bike path, or establish a buffer zone, for example.
These uses are neither total takings nor exactions, but rather fall into a case-by-case analysis
that, very briefly, considers the importance of the government’s goals and the extent of the
burden on the property owner.
45. Which of the following is true regarding the Due Process Clauses?
A. They give Congress the power to regulate commerce.
B. The Due Process Clause of the 14th Amendment applies to the states.
C. They provide for the supremacy of federal law over state law.
D. The Due Process Clause of the Fifth Amendment sets up the executive branch, headed by
the president.
Answer: B
Blooms: Understand
Learning Objective: 05-09 Compare and contrast substantive due process and procedural due
process.
Topic: The 14th Amendment

Feedback: The Due Process Clauses of both the Fifth Amendment (applying to the federal
government) and the 14th Amendment (applying to the states) forbid the government to
deprive citizens of life, liberty, or property without due process of law.
46. By judicial interpretation, the 14th Amendment Due Process Clause:

A. prohibits the taking of private property for public use without “just compensation” for the
owner.
B. gives Congress the power to regulate commerce.
C. absorbs the fundamental liberties of the federal Constitution and prohibits state laws that
abridge fundamental liberties.
D. forbids the establishment of an official state religion and undue state interference with
religious practice.
Answer: C
Blooms: Understand
process.
Feedback: By judicial interpretation, the 14th Amendment Due Process Clause “absorbs” the
fundamental liberties of the federal Constitution and prohibits state laws that abridge those
fundamental liberties such as privacy.
47. Which of the following means that the government must provide notice and a fair hearing
before taking an action affecting a citizen’s life, liberty, or property?
A. The Supremacy Clause
B. Regulatory taking
C. The exclusionary rule
D. Procedural due process
Answer: D
Blooms: Remember
Difficulty: 1 Easy
process.
Feedback: Basically, procedural due process means that the government must provide a fair
procedure including notice and a fair hearing before taking an action affecting a citizen’s life,
liberty, or property. A fair hearing might require, among others, the right to present evidence,
the right to a decision maker free of bias, and the right to appeal.
Essay Questions
48. Give a brief account of the creation of the Constitution of the United States.
Answer: The Constitution grew out of the 1778 Articles of Confederation. The Articles
contemplated a “firm league of friendship,” but each state was to maintain its “sovereignty,
freedom, and independence.” The Articles soon proved faulty. Seven years of war had
basically bankrupted the colonies. Currency was largely worthless. The 13 new states fought
over economic resources, interstate disputes were routine, and the federal union that emerged
under the Articles of Confederation had little real authority. As a result of this turmoil, and in
an effort to strengthen the Articles, the Constitutional Convention was called to order in
Philadelphia on May 25, 1787.
The decision to convene the Convention may have been a first in world history in that the
state leaders themselves acknowledged that the existing federal government was faulty, the
citizenry calmly talked things over, violence was avoided, and the decision was made to go
forward with the Convention. All 55 delegates, our Founding Fathers, were white males, and
most of them were wealthy landowners, but they were also immensely talented with a wide
range of interests and experiences. The delegates agreed that a stronger central government
was needed, but they were split on just how far that notion should go. Virginia, led by the
brilliant James Madison, favored a dominant central government with greatly diminished
state authority. Alexander Hamilton wanted to go further yet by, among other things,
instituting the presidency as a lifetime office. On the other hand, several states, led by New
Jersey, wanted to retain strong states’ rights. After weeks of debate, a middle ground began to
emerge that led toward our current balance of power between big states and small states and
between all of the states and the federal government. In the end, the delegates reached
consensus on a Constitution that guaranteed the revolutionary notion of rule by the people.
On September 17, 1787, the great document, one of the most influential expressions in
human history, was formally signed.
Blooms: Remember
Topic: Creating a Constitution—The United States
49. Explain the purposes of the U.S. Constitution.

Answer: The Constitution serves a number of broad roles:
1. It establishes a national government.
2. It controls the relationship between the national government and the government of the
states.
3. It defines and preserves personal liberty.
4. It contains provisions to enable the government to perpetuate itself.
Among other goals, the Constitution was designed to protect the citizenry from the
government. The Constitution does not protect citizens from purely private concentrations of
power, such as large corporations. In fact, corporations themselves are often entitled to the
protections of the Constitution. The Constitution also divides governmental power between
the federal and state governments. As a further means of controlling the power of
government, the Constitution has set up three federal branches and provides mechanisms for
them to act as checks and balances on each other. The President, Congress, and the courts
each have specialized areas of authority, as provided for by the Constitution. The United
States government is built on federalism principles; that is, the Constitution provides for
shared power among national, state, and local governments. A primary role of the
Constitution is to balance central federal authority with dispersed state power.
Blooms: Remember
50. In the context of animal cruelty, explain with an example why the law was limited to
obscene crush videos?
Answer: Commercial speech disputes raise very difficult legal questions in a wide variety of
venues. The Supreme Court in 2010 supported the First Amendment rights of a business
selling videos depicting animal cruelty.
For example, Robert J. Stevens advertised and sold pit bull–related videos showing dog fights
and dogs attacking wild boar. Stevens was criminally indicted for violating a federal statute
forbidding knowingly creating, selling, or possessing “a depiction of animal cruelty” to be
sold for commercial gain in interstate or foreign commerce. Stevens moved to dismiss the
indictment saying that the statute violated his First Amendment right to free speech. The
Supreme Court, in an 8–1 ruling, agreed with Stevens by finding the federal statute overbroad
in that it could legitimately be applied to legal activities such as hunting or the inhumane
treatment of livestock as well as to the dog fights Stevens filmed.
In an illustration of the balance of powers concept, Congress and President Obama quickly
approved new federal legislation designed to attack certain animal cruelty videos while
meeting constitutional requirements. The Animal Crush Video Prohibition Act of 2010 bans
the creation and distribution of obscene animal torture videos. Those videos often depict
women in high heels slowly crushing small animals, images that appeal to certain sexual
fetishists. By limiting the law to obscene crush videos, Congress and the president believe the
statute will address the overbreadth problem while fitting the statute into the well-settled
obscenity exception to the First Amendment’s speech protections.
Blooms: Understand
Learning Objective: 05-05 Discuss the differences between First Amendment protections of
commercial speech versus political speech.
51. Describe the exclusionary rule, its purpose, and the major criticism of its usage.
Answer: The most controversial dimension of Fourth Amendment interpretation is the
exclusionary rule, which provides that, as a matter of due process, evidence secured in
violation of the Fourth Amendment may not be used against a defendant at trial. The
exclusionary rule has been very effective in discouraging illegal searches, seizures, and
arrests, also from time to time it has the effect of freeing guilty criminals. The Supreme Court
restricted the exclusionary rule with a 2006 decision holding that the government need not
forfeit evidence collected in constitutionally improper “no knock” searches.
Blooms: Understand
52. What are the issues arising under the IV Amendment “search and seizure” rules?
Answer: The Fourth Amendment provides that the right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause. The most controversial
dimension of Fourth Amendment interpretation is the exclusionary rule, which provides that,
as a matter of due process, evidence secured in violation of the Fourth Amendment may not
be used against a defendant at trial. The Supreme Court restricted the exclusionary rule in
2006 holding that the government need not forfeit evidence collected in constitutionally
improper “no knock” searches. For many years, police conducting a search have been
required to knock and announce themselves then wait a reasonable time to enter. As the
following situations attest, search or privacy problems pervade our lives.
1. Vehicle searches: The U.S. Supreme Court gave a ruling that vehicle searches are
permissible in only two circumstances:
a. when the individual being arrested is close enough to the vehicle to reach in for a weapon
or evidence and
b. when the officer can reasonably believe that the vehicle contains evidence relevant to the
crime of arrest. Thus, arrests for routine traffic stops ordinarily would not justify vehicle
searches while such searches are more likely to be permissible incident to arrests for more
serious crimes.
2. Cell phones: Court decisions supporting cell phone searches have relied on well-settled
Supreme Court decisions allowing police to conduct searches incident to lawful arrest. The
arrestee’s person and immediate area of control including any closed containers in possession
of the suspect may be examined by the police in order to ensure their safety and to prevent
the destruction of evidence.
Government tries to protect us from business hazards including pollution, defective products,
and unsafe workplaces as well as business crimes such as fraud and bribery. To do so,
government agents often want to enter company buildings, observe working conditions, and
examine company books.
Blooms: Remember
Difficulty: 1 Easy
53. Explain in detail the three broad classes of regulatory takings.

Answer: Regulatory takings, whether temporary or permanent, normally do not require
government compensation because doing so would severely impair the state’s ability to
govern in an orderly manner. Nonetheless, in recent years the courts have been more
aggressive about requiring just compensation for some regulatory takings. Three broad
classes of such takings have emerged in court decisions.
Total takings: If a governmental body acts in a way that permanently takes all of the
economic value of a property or permanently physically invades the property, the taking
requires just compensation unless the government is (1) preventing a nuisance or (2) the
regulation was permissible under property law at the time of the purchase of the property.
Exaction or mitigation: A second class of regulatory takings involves situations where the
government allows land development only if the owner dedicates some property interest
(called an exaction) or money (called a mitigation or impact fee) to the government. Thus if
you are developing land for housing, the city government might require that you devote a
portion of that land to parks or pay a fee to help with community recreation needs.
Partial takings: Government may take part of a piece of property in order to expand a road,
install a bike path, or establish a buffer zone, for example. These are neither total takings nor
exactions, but rather fall into a case-by-case analysis that, very briefly, considers the
importance of the government’s goals and the extent of the burden on the property owner.
Blooms: Remember
54. Discuss the differences between substantive due process and procedural due process.
Answer: Substantive due process: Laws that arbitrarily and unfairly infringe on fundamental
personal rights and liberties such as privacy, voting, and the various freedoms specified in the
Bill of Rights may be challenged on due process grounds. Basically, the purpose of the law
must be so compelling as to outweigh the intrusion on personal liberty or the law will be
struck down. For example, the U.S. Supreme Court ruled that a Connecticut statute
forbidding the use of contraceptives violated the constitutional right to privacy (although the
word privacy itself does not appear in the U.S. Constitution). By judicial interpretation, the
Fourteenth Amendment Due Process Clause “absorbs” the fundamental liberties of the
federal Constitution and prohibits state laws (in this case, the Connecticut contraceptive ban)
that abridge those fundamental liberties such as privacy.
Procedural due process: Procedural due process means that the government must provide a
fair procedure including notice and a fair hearing before taking an action affecting a citizen’s
life, liberty, or property. A fair hearing might require, among others, the right to present
evidence, the right to a decision maker free of bias, and the right to appeal. However, the
precise nature of procedural due process depends on the situation. A murder trial requires
meticulous attention to procedural fairness; an administrative hearing to appeal a housing
officer’s decision to banish a student from a dormitory, while required to meet minimal
constitutional standards, can be more forgiving in its procedural niceties.
Blooms: Understand
process.
55. Briefly explain the role of the Equal Protection Clause.

Answer: The 14th Amendment provides that no state shall “deny to any person within its
jurisdiction the equal protection of the laws.” The Due Process Clause of the Fifth
Amendment has been interpreted to provide that same protection against the power of the
federal government. Fundamentally, these laws forbid a government from treating one person
(including a corporation) differently from another without a rational basis for doing so. Most
notably, the Equal Protection and Due Process Clauses have played an enormous role in
attacking discrimination, but they can also significantly influence routine business practice in
many ways. For example, can we lawfully impose higher taxes on a gambling casino than we
impose on the sale of groceries? Or can we require the oil industry to follow more rigorous
environmental standards than we expect of coal mines? In general, the answer to these
questions is yes, but only if the legislation can pass the rational basis test. If not, such
legislation would be unconstitutional and unenforceable.
AACSB: Analytic
Blooms: Understand
Learning Objective: 05-10 Identify some examples of the impact of the Equal Protection
Clause on business and society.

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Law Business and Society 11th Edition McAdams Test Bank 1

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Chapter 05 – Constitutional Law and the Bill of Rights

Test Bank for Law Business and Society 11th Edition

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3. Congressional authority is formally limited to certain enumerated powers.

6. The Supreme Court has the power to veto acts of Congress.

AACSB: Analytical Thinking

8. Article III establishes the court system.

12. Freedom of speech is absolute.

18. The Fourth Amendment prohibits all warrantless searches.

19. Regulatory takings normally do not require government compensation.

Multiple Choice Questions

AACSB: Analytical Thinking

21. Which of the following provides for amendments to the Constitution?

24. Which of the following statements about the Constitution is true?

25. Which of the following is true of the Preamble?

AACSB: Analytical Thinking

30. Which of the following refers to federalism?

33. Which of the following is true of panhandling?

Topic: The First Amendment

34. Which of the following is true of the First Amendment?

35. Which of the following statements about freedom of speech is true?

36. Which of the following is true of the Bill of Rights?

Topic: The 14th Amendment

46. By judicial interpretation, the 14th Amendment Due Process Clause:

49. Explain the purposes of the U.S. Constitution.

53. Explain in detail the three broad classes of regulatory takings.

55. Briefly explain the role of the Equal Protection Clause.

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