Legal and Regulatory Environment of Business 17th Edition Pagnattaro Test Bank Download

Chapter 06 – The Constitution
Test Bank for Legal and Regulatory Environment of

Business 17th Edition Pagnattaro Cahoy Magid Reed
Shedd 0078023858 9780078023859
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Chapter 06
The Constitution
True/False Questions
1. A key aspect of Article I is the commerce clause, the constitutional provision that gives the
power to the government to regulate business.
Answer: True
AACSB: Analytical Thinking
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-01 To appreciate how the structure of the U.S. Constitution provides the
framework for our federal government.
Topic: Basic Concepts
Feedback: A key aspect of Article I is the commerce clause, the constitutional provision that
gives the power to the government to regulate business. In the twenty-first century, examples of
expansion of government regulation include the Sarbanes-Oxley Act, economic recovery
legislation, and financial and health care reforms.
2. The concept of federalism recognizes that all levels of government have interrelated roles to
play.
Answer: False
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Blooms: Remember
Difficulty: 1 Easy
Feedback: The concept of federalism recognizes that each level of government has a separate and
distinct role to play. Federalism is one of the three basic concepts that are of great significance to
the creation of a strong centralized, federal government.
3. The federal government recognizes that states have no sovereignty.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: The federal government recognizes that it was created by the states and that states
have some sovereignty. Federalism is one of the three basic concepts that are of great
significance to the creation of a strong centralized, federal government.
4. A conflict exists between a state law and a federal law if the state statute would prevent or
interfere with the accomplishment and execution of the full purposes and objectives of Congress.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-02 To understand the importance of the supremacy clause and the
contracts clause for business.
Feedback: A conflict exists between a state law and a federal law if the state statute would
prevent or interfere with the accomplishment and execution of the full purposes and objectives of
Congress. It is immaterial that a state did not intend to frustrate the federal law if the state law in
fact does so.
5. Article VI of the U.S. Constitution makes it clear that federal law is supreme over a state law
or local ordinance.
Answer: True
Blooms: Remember
Difficulty: 1 Easy

Feedback: The Constitution, in Article VI, makes it clear that federal law is supreme over a state
law or local ordinance. The courts must construe or interpret the two laws to see if they are in
conflict.
6. A state statute that permits indirect purchasers to collect damages for overcharges resulting
from price-fixing conspiracies is preempted by the National Labor Relations Act.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: A state statute that permits indirect purchasers to collect damages for overcharges
resulting from price-fixing conspiracies is preempted by the Sherman Antitrust Act. The concept
of preemption applies not only to federal statutes but also to the rules and regulations of federal
administrative agencies.
7. The concept of preemption applies only to federal statutes, not to the rules and regulations of
federal administrative agencies.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: The concept of preemption applies not only to federal statutes but also to the rules and
regulations of federal administrative agencies. Sometimes a federal law is said to preempt an
area of law. If a federal law preempts a subject, then any state law that attempts to regulate the
same activity is unconstitutional under the supremacy clause.
8. The contract clause applies to the federal government in many ways.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-03 To understand the power of the federal government to regulate
business.
Topic: Federal Government’s Authority to Regulate Business—The Commerce Clause
Feedback: The contract clause does not apply to the federal government, which does in fact
frequently enact laws and adopt regulations that affect existing contracts. Under the contract
clause, states cannot enact laws that impact rights and duties under existing contracts.
9. Under the contract clause, states cannot enact laws that impact rights and duties under existing
contracts.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
business.
Feedback: Under the contract clause, states cannot enact laws that impact rights and duties under
existing contracts. The limitation on state action impairing contracts has not been given a literal
application.
10. The contract clause restricts the federal government’s power to impact contractual
relationships.
Answer: False
Blooms: Understand
Difficulty: 2 Medium
business.
Feedback: The contract clause regulates state and local government; it does not restrict the
federal government’s power to impact contractual relationships. Under the contract clause, states
cannot enact laws that impact rights and duties under existing contracts.
11. Labeling an activity a “local” or “intrastate” activity prevents Congress from regulating it
under the commerce clause.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
business.
Feedback: Labeling an activity a “local” or “intrastate” activity does not prevent Congress from
regulating it under the commerce clause. The power of Congress to regulate commerce “among
the several states” extends to those intrastate activities that affect interstate commerce as to make
regulation of them appropriate.
12. The first ten amendments are known as the Bill of Rights.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-04 To recognize the major amendments to the U.S. Constitution.
Topic: Amendments and Basic Protections
Feedback: The first ten amendments are known as the Bill of Rights. Cases involving the Bill of
Rights almost always require courts to strike a balance either between some goal or policy of
society and the constitutional protection involved or between competing constitutional
guarantees.
13. Basic constitutional rights are absolute.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Basic constitutional rights are not absolute. The extent of any limitation on a basic
constitutional guarantee depends upon the nature of the competing public policy.
14. The extent of any limitation on a basic constitutional guarantee depends upon the nature of
the competing public policy.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: The extent of any limitation on a basic constitutional guarantee depends upon the
nature of the competing public policy. Cases involving the Bill of Rights almost always require
courts to strike a balance either between some goal or policy of society and the constitutional
protection involved or between competing constitutional guarantees.
15. Constitutional guarantees exist in order to remove certain issues from the political process
and the ballot box.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: Constitutional guarantees exist in order to remove certain issues from the political
process and the ballot box. They exist to protect the minority from the majority.
16. Constitutional rights remain constant and do not vary from time to time.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Constitutional rights vary from time to time and may be narrowly interpreted during
emergencies such as war or civil strife. Even during peacetime, constitutional principles are
constantly reapplied and reexamined.
17. The establishment clause deals with freedom of speech.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-05 To analyze the basic protections created by the First, Second, and
Fourteenth Amendments.
Feedback: The First Amendment states that Congress shall make no law “respecting an
establishment of religion” (the establishment clause) “or prohibiting the free exercise thereof”
(the free exercise clause). It guarantees freedom of religion through the separation of church and
state.
18. The establishment clause and the free exercise clause guarantee freedom of religion through
the separation of church and state.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: The First Amendment states that Congress shall make no law “respecting an
establishment of religion” (the establishment clause) “or prohibiting the free exercise thereof”
(the free exercise clause). These clauses guarantee freedom of religion through the separation of
church and state.
19. Freedom of speech recognizes that there is no such thing as a false idea.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: Freedom of speech, sometimes referred to as freedom of expression, covers both
verbal and written communications. It means freedom to express the unorthodox, and it
recognizes that there is no such thing as a false idea.
20. Freedom of speech is an absolute constitutional guarantee.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-05To analyze the basic protections created by the First, Second, and
Feedback: Although freedom of speech is not absolute, it is as close to being absolute as any
constitutional guarantee. It exists to protect the minority from the majority.
21. Freedom of speech provides the freedom to express ideas antagonistic to those of the
majority.
Answer: True
Blooms: Understand
Feedback: Freedom of speech exists to protect the minority from the majority. It means freedom
to express ideas antagonistic to those of the majority. Freedom of speech exists for thoughts
many of us hate and for ideas that may be foreign to us.
22. Freedom of speech protects corporations as well as individuals.
Answer: True

Blooms: Remember
Difficulty: 1 Easy
Feedback: Freedom of speech protects corporations as well as individuals. The public interests
served by freedom of expression protect the listener as well as the speaker.
23. The public interests served by freedom of expression protect the listener but not the speaker.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: The public interests served by freedom of expression protect the listener as well as the
speaker. Freedom of expression includes freedom of information or the rights of the public to be
informed.
24. The publishing business is the only organized private business given explicit constitutional
protection.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: The publishing business is the only organized private business given explicit
constitutional protection. The First Amendment states that “Congress shall make no law
abridging the freedom of the press.” This guarantee essentially authorizes a private business to
provide organized scrutiny of government.
25. If the press publishes that which is illegal or libelous, it has liability for doing so.
Answer: True
Blooms: Remember
Difficulty: 1 Easy

Feedback: Freedom of the press is usually construed to prohibit prior restraints on publications.
If the press publishes that which is illegal or libelous, it has liability for doing so.
26. A libel is used to recover damages as a result of transitory statements.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: A libel is used to recover damages as a result of printed defamation of character. Libel
cases compensate individuals for harm inflicted by defamatory printed falsehoods.
27. A major area of litigation involving freedom of the press involves defamation.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: A major area of litigation involving freedom of the press involves defamation. A libel
is used to recover damages as a result of printed defamation of character.
28. The takings clause of the Fifth Amendment to the Constitution provides individuals the right
to possess and use guns in their homes.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: The takings clause of the Fifth Amendment to the Constitution allows the government
to take specific resources (usually but not always land) away from private owners for “public
use” upon the payment of “just compensation.” The clause recognizes the existence and
importance of private ownership, but allows the government to “condemn” and take specific
private resources for money under the power called eminent domain.
29. Eminent domain means the government can take private property for public use upon paying
just compensation.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: Eminent domain means the government can take private property for public use upon
paying just compensation. The takings clause recognizes the existence and importance of private
ownership, but allows the government to “condemn” and take specific private resources for
money under the power called eminent domain.
30. Due process clause applies to the actions of individuals or businesses.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: Due process means “fundamental fairness and decency.” The due process clause
applies only to governmental bodies; it does not apply to the actions of individuals or businesses.
31. The due process clause prevents public utilities from acting in an unreasonable manner.
Answer: False
Blooms: Remember
Difficulty: 1 Easy
Feedback: The due process clause does not prevent private individuals or corporations, including
public utilities, from acting in an arbitrary or unreasonable manner. The due process clause
applies only to governmental bodies; it does not apply to the actions of individuals or businesses.
32. Under the minimum rationality approach, a classification must be wholly arbitrary.
Answer: False
Blooms: Understand
Feedback: Under the minimum rationality approach, a classification must have a reasonable
basis and the courts will assume any statement of facts that can be used to justify the
classification. Under it, a law creating different classifications will survive an equal protection
challenge if it has a rational connection to a permissible state end.
33. Under the strict scrutiny test, a classification will be a denial of equal protection unless the
classification is necessary to achieve a compelling state purpose.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: Under the strict scrutiny test, a classification will be a denial of equal protection
unless the classification is necessary to achieve a compelling state purpose. It is not enough that
a classification be permissible to achieve any state interest; it must be a compelling state
objective.
34. Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as
unconstitutional.
Answer: True
Blooms: Understand
Feedback: Classifications under quasi-strict scrutiny tests are unconstitutional unless they are
substantially related to an important government objective. This modified version of strict
scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional.
Multiple Choice Questions
35. The ______ creates the Congress, the presidency and vice presidency, and the Supreme
Court of the United States.
A. Perpetual Union
B. Articles of Association
C. United States Charter
D. United States Constitution
E. Bill of Rights
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: The United States Constitution creates the Congress, the presidency and vice
presidency, and the Supreme Court of the United States. There are seven articles in the original
Constitution. The first three articles establish the legislative, executive, and judicial branches,
respectively.
36. The separation of powers between levels of government is known as ______.

A. feudalism
B. federalism
C. imperialism
D. monarchism
E. fascism
Answer: B
Blooms: Remember
Difficulty: 1 Easy
Feedback: The separation of powers between levels of government is known as federalism. This
concept recognizes that each level of government has a separate and distinct role to play.
37. ______ states the Constitution will become effective upon ratification of the states.
A. Article I
B. Article II
C. Article III
D. Article VII
E. Article V
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: Article VII states the Constitution will become effective upon ratification of the states.
This ratification occurred in 1789. Two years later, in 1791, the first ten amendments also were
ratified.
38. The ______ to the U.S. Constitution reinforces federalism by reserving some powers to the
states and to the people.
A. First Amendment
B. Second Amendment
C. Tenth Amendment
D. Thirteenth Amendment
E. Twelfth Amendment
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: The Tenth Amendment to the U.S. constitution reinforces federalism by reserving
some powers to the states and to the people. The concept of federalism recognizes that each level
of government has a separate and distinct role to play.
39. Which of the following statements is true of federalism?

A. Federalism allows state government to limit the federal government’s exercise of powers.
B. Federalism is typically a smooth process and is rarely discussed in a court of law.
C. Federalism recognizes that all levels of government have interrelated roles.
D. The federal government can impair the ability of the state government to function in the
federal system.
E. The federal government recognizes that it was created by the states.
Answer: E
Blooms: Understand
Feedback: The federal government recognizes that it was created by the states and that states
have some sovereignty. It recognizes that each level of government has a separate and distinct
role to play.
40. Which of the following is given first priority when various laws are not consistent?
A. U.S. Constitution
B. state laws
C. local laws
D. U.S. laws
E. federal laws
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: The United States Constitution is given first priority when various laws are not
consistent; the order of priority is (1) U.S. Constitution, (2) U.S. laws, (3) state and local laws. In
allocating power between federal and state levels of government, the Constitution, in Article VI,
makes it clear that the Constitution is supreme under all laws and that federal law is supreme
over a state law or local ordinance.
41. Under the ______, courts may be called upon to decide if a state law is invalid because it
conflicts with a federal law.
A. minimum rationality approach
B. exclusion clause
C. strict scrutiny approach
D. supremacy clause
E. contract clause
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: Under the supremacy clause, courts may be called upon to decide if a state law is
invalid because it conflicts with a federal law. They must construe or interpret the two laws to
see if they are in conflict.
42. Which of the following statements is true of the supremacy clause?

A. Under this clause, it is immaterial that a state did not intend to frustrate the federal law if the
state law in fact does so.
B. Under this clause, state laws decide the validity of the laws passed by Congress.
C. This clause gives priority to U.S. laws when various laws are not consistent.
D. The application of this clause is traditionally limited by the district courts.
E. This clause prohibits states from enacting laws that impact rights and duties of companies
under the existing companies’ contracts.
Answer: A
Blooms: Understand
Feedback: Under the supremacy clause, courts may be called upon to decide if a state law is
invalid because it conflicts with a federal law. It is immaterial that a state did not intend to
frustrate the federal law if the state law in fact does so.
43. A state law imposed additional restrictions on companies in hiring foreign workers. The
Supreme Court held that the state law violated the federal immigration law and declared the law
unconstitutional. In this case, which of the following supports the act of the Court?
A. the supremacy clause
B. the exclusion clause
C. the strict scrutiny approach
D. the minimum rationality approach
E. the contract clause
Answer: A
AACSB: Reflective thinking
Blooms: Apply
Difficulty: 3 Hard
Feedback: In this case, the supremacy clause supports the act of the Court. Under the supremacy
clause, courts may be called upon to decide if a state law is invalid because it conflicts with a
federal law.
44. Which of the following federal laws preempts a state law that authorizes a tort claim by
workers that a union has breached its duty to ensure a safe workplace?
A. the National Labor Relations Act
B. the Sherman Antitrust Act
C. the Landrum-Griffin Act
D. the Occupational Safety and Health Act
E. the Clayton Act
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: The Landrum-Griffin Act preempts a state law that authorizes a tort claim by workers
that a union has breached its duty to ensure a safe workplace. If a federal law preempts a subject,
then any state law that attempts to regulate the same activity is unconstitutional under the
supremacy clause.
45. Which of the following statements is true of preemption?

A. When the federal government preempts laws in an area, state laws are given preference over
the federal law in that area.
B. If a federal law preempts a subject, then any state law that attempts to regulate the same
activity is unconstitutional.
C. Preemption does not apply to federal statutes and rules of federal administrative agencies.
D. The concept of preemption arises from the contract clause of the Constitution.
E. Preemption grants the federal government the power to regulate foreign commerce.
Answer: B
Blooms: Understand
Feedback: If a federal law preempts a subject, then any state law that attempts to regulate the
same activity is unconstitutional under the supremacy clause. The concept of preemption applies
to federal statutes and rules and regulations of federal administrative agencies.
46. A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas
in residential areas by specifying the size and location requirements. The Supreme Court rules
that the zoning ordinance is unconstitutional as it violates the Federal Communications
Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept
of ______.
A. preemption
B. the contract clause
C. the exclusion clause
D. minimum rationality
E. defamation
Answer: A
Blooms: Apply
Learning objective: 06-02 To understand the importance of the supremacy clause and the
Feedback: In this case, the ruling of the Supreme Court illustrates the concept of preemption.
When a federal law preempts a subject, then any state law that attempts to regulate the same
activity is unconstitutional under the supremacy clause.
47. Which of the following statements is true of the regulation of foreign commerce under the
commerce clause?
A. Under no circumstances can the federal government prohibit foreign commerce entirely.
B. The power to regulate foreign commerce is total and vested exclusively in the federal
government.
C. Attempts by local governments to indirectly regulate foreign commerce are constitutional.
D. A state cannot regulate activities that relate to foreign commerce even if such activities are
conducted entirely within the state’s boundaries.
E. The federal power to regulate foreign commerce is relative to the power exercised by the state
and local governments.
Answer: B
Blooms: Understand
business.
Feedback: The power to regulate foreign commerce is total and vested exclusively in the federal
government. State and local governments sometimes attempt directly or indirectly to regulate
imports or exports to some degree. Such attempts generally are unconstitutional.
48. Which of the following statements is true of the contract clause?

A. It applies to the federal government.
B. It allows a state to impose new prices on existing contracts.
C. It prohibits the federal government from contracting with a state government.
D. It does not restrict the federal government’s power to impact contractual relationships.
E. It allows a state to enact laws even if they impact rights under existing contracts.
Answer: D
Blooms: Understand
business.
Feedback: Under the contract clause, states cannot enact laws that impact rights and duties under
existing contracts. It does not restrict the federal government’s power to impact contractual
relationships.
49. Snow Crystals Inc., a leading construction company, has constructed a skate park on
government land after signing a leasing agreement with the state government. A few years later,
the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use
the land where the skate park is already constructed. The proprietors of Snow Crystals claim that
the state authority has violated the leasing agreement. Which of the following is most likely to be
applied in this case between Snow Crystals Inc. and the state government?
A. the preemption doctrine
B. the state clause
C. the contract clause

D. the overbreadth doctrine
E. the supremacy clause
Answer: C
Blooms: Apply
Difficulty: 3 Hard
business.
Feedback: In this case between Snow Crystals Inc. and the state government, the contract clause
is most likely to be applied. Under the contract clause, states cannot enact laws that impact rights
and duties under existing contracts. The limitation on state action impairing contracts has not
been given a literal application. In this case, the state authority had impaired an existing contract
with Snow Crystals Inc. by entering into a new contract with the Nightingale Bridge Company.
50. Which of the following statements is true of amendments and basic protections?
A. Basic constitutional rights are absolute.
B. Constitutional rights do not vary from time to time.
C. Constitutional rights may be narrowly interpreted during emergencies such as war.
D. Constitutional principles are not reapplied and reexamined during peacetime.
E. Constitutional guarantees exist to protect the majority from the minority.
Answer: C
Blooms: Understand
Feedback: Constitutional rights may be narrowly interpreted during emergencies such as war or
civil strife. Even during peacetime, constitutional principles are constantly reapplied and
reexamined.
51. Which of the following clauses states that Congress shall make no law respecting an
establishment of religion?
A. the due process clause
B. the supremacy clause
C. the commercial clause
D. the takings clause
E. the establishment clause
Answer: E
Blooms: Remember
Difficulty: 1 Easy
Feedback: The establishment clause of the First Amendment states that Congress shall make no
law respecting an establishment of religion. It guarantees freedom of religion through the
separation of church and state.
52. Which of the following statements is true of freedom of speech?

A. It covers both verbal and written communications.
B. It solely exists to protect popular ideas.
C. Its protection relates to private action.
D. It is possible to challenge a statute limiting speech only if a person’s own speech is
prohibited.
E. It does not cover conduct or actions considered symbolic speech.
Answer: A
Blooms: Understand
Feedback: Freedom of speech covers both verbal and written communications. It also covers
conduct or actions considered symbolic speech.
53. A school prohibits its students from praying even during breaks. It also prohibits its students
from forming prayer groups. In this case, which of the following clauses of the First Amendment
is the school most likely to violate?
A. the free exercise clause
B. the establishment clause
C. the supremacy clause
D. the takings clause
E. the presentment clause
Answer: A
Blooms: Apply
Feedback: In this case, the school is most likely to violate the free exercise clause. The First
Amendment states that Congress shall make no law “respecting an establishment of religion”
(the establishment clause) “or prohibiting the free exercise thereof” (the free exercise clause).
54. Nelly and Mario are graffiti artists who belong to a minority community. They create designs
and paintings depicting social issues that affect their community. They make sure their artwork is
not obscene and does not incite a hateful reaction. They exhibit their art pieces at art shows. In
this case, which of the following First Amendment protections is applied to the actions of Nelly
and Mario?
A. freedom of the press
B. freedom of religion
C. freedom of speech
D. establishment clause
E. free exercise clause
Answer: C
Blooms: Apply
Difficulty: 3 Hard
Feedback: In this case, the actions of Nelly and Mario are protected by freedom of expression.
Freedom of speech, sometimes referred to as freedom of expression, covers both verbal and
written communications. This protection relates to governmental action that restricts people’s
ability to express themselves.
55. The ______ is most likely to be applied when the legislators have gone too far in seeking to
achieve a goal.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. overbreadth doctrine
E. doctrine of nullification
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: The overbreadth doctrine is most likely to be applied when the legislators have gone
too far in seeking to achieve a goal. The overbreadth doctrine was used by the courts to declare
certain versions of child pornography laws unconstitutional.
56. A zoning ordinance holds that writing anything on both public and private properties,
including one’s own private property, is a crime. This law is most likely to be unconstitutional
based on the ______.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. doctrine of nullification
E. overbreadth doctrine
Answer: E
Blooms: Apply
Difficulty: 3 Hard
Feedback: This law is most likely to be unconstitutional based on the overbreadth doctrine. It
means that the legislators have gone too far in seeking to achieve a goal.
57. An airport authority resolution declared the central terminal area “not open for First
Amendment activities.” The resolution was unconstitutional under the First Amendment ______.
A. strict liability doctrine
B. overbreadth doctrine
C. implied power doctrine
D. plain view doctrine
E. abstention doctrine
Answer: B
Blooms: Remember
Difficulty: 1 Easy
Feedback: The resolution was unconstitutional under the First Amendment overbreadth doctrine.
The overbreadth doctrine means that the legislators have gone too far in seeking to achieve a
goal.
58. Which of the following statements is true of commercial speech?

A. Commercial speech is currently not protected by the First Amendment.
B. Commercial speech has been protected by the First Amendment since the inception of the Bill
of Rights.
C. The public interests served by freedom of expression protect the speaker but not the listener.
D. Freedom of speech for corporations may not be as extensive as the right of an individual.
E. Freedom of speech for corporations cannot be limited by the government under any
circumstance.
Answer: D
Blooms: Understand
Feedback: Freedom of speech for corporations may not be as extensive as the right of an
individual. However, a government cannot limit commercial speech without a compelling state
interest expressed to justify the restriction.
59. Hot Hogs Corporation, an international hotdog eatery, produces a misleading television
advertisement, which shows that one hotdog of Hot Hogs contains only 30 grams of fat. A
consumer organization, a group that protects consumers from corporate exploitation, files a
complaint with a federal institution which in turn issues an order prohibiting Hot Hogs from
making such statements about its products without scientific evidence. This instance of
regulation on advertising about food products is an example of a limitation on ______.
A. the right to establishment
B. individual speech
C. overbreadth doctrine
D. commercial speech
E. the freedom of thought
Answer: D
Blooms: Apply
Difficulty2 Medium
Feedback: This instance of regulation on advertising about food products is an example of a
limitation on commercial speech. Since corporations may add to the public’s knowledge and
information, they also have the right to free speech. A government can limit commercial speech
with a compelling state interest expressed to justify the restriction. In this case, the federal
institution issued an order prohibiting Hot Hogs Corp. from making statements about its products
as they did not have valid, scientific evidence.
60. Which of the following statements is true of freedom of the press?

A. It is an absolute constitutional guarantee.
B. It refers to the right of the press to print anything it wants with liability.
C. Its preservation cannot be sought through constitutional protections.
D. It excludes communication and expression through electronic media.
E. It is usually construed to prohibit prior restraints on publications.
Answer: E
Blooms: Remember
Difficulty: 1 Easy

Feedback: Freedom of the press is not absolute. The press is not free to print anything it wants
without liability. Rather, freedom of the press is usually construed to prohibit prior restraints on
publications. If the press publishes that which is illegal or libelous, it has liability for doing so.
61. ______, a tort theory, is used to recover damages as a result of printed defamation of
character.
A. Slander
B. Embezzlement
C. Libel
D. Battery
E. Larceny
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: Libel, a tort theory, is used to recover damages as a result of printed defamation of
character. Libel cases compensate individuals for harm inflicted by defamatory printed
falsehoods.
62. Gerard works for a weekly magazine in the state of California. He is held responsible for
publishing an article that falsely accuses the governor of the state. In this case, Gerard is most
likely to be accused of ______.
A. libel
B. battery
C. slander
D. larceny
E. embezzlement
Answer: A
Blooms: Apply
Feedback: In this case, Gerard is most likely to be accused of libel. Libel cases compensate
individuals for harm inflicted by defamatory printed falsehoods.
63. Libel cases compensate individuals for harm inflicted by ______.

A. physical assault
B. battery
C. printed defamatory falsehoods

D. trespassing on private poverty
E. forgery
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: Libel is used to recover damages as a result of printed defamation of character. Libel
cases compensate individuals for harm inflicted by defamatory printed falsehoods.
64. The Second Amendment consists of the ______.

A. right to free speech
B. right to free publishing
C. right to possess guns
D. right to respect any establishment of religion
E. right to free commercial speech
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: The Second Amendment consists of the right to possess guns. There have been very
few Supreme Court opinions involving the Second Amendment.
65. The ______ of the Fifth Amendment to the Constitution allows the government to condemn
and take specific private resources for money under the power called eminent domain.
A. takings clause
B. supremacy clause
C. contract clause
D. exclusion clause
E. due process clause
Answer: A
Blooms: Remember
Difficulty: 1 Easy

to condemn and take specific private resources for money under the power called eminent
domain. The takings clause allows the government to take specific resources (usually but not
always land) away from private owners for public use upon the payment of just compensation.
66. The takings clause of the Fifth Amendment to the Constitution allows
A. courts to decide whether the possession of a gun by an individual is valid or unnecessary.
B. federal government to impact contractual relationships between companies.
C. courts to decide if a state law is invalid or unconstitutional because it conflicts with a federal
law or a policy of a federal institution.
D. government to take specific resources away from private owners for public use upon the
payment of just compensation.
E. federal government to regulate business activity under foreign and interstate commerce.
Answer: D
Blooms: Understand
to take specific resources (usually but not always land) away from private owners for public use
upon the payment of just compensation. The clause recognizes the existence and importance of
private ownership, but allows the government to “condemn” and take specific private resources
for money under the power called eminent domain.
67. The courts have generally defined just compensation in terms of

A. market value of a specific resource.
B. social welfare value of a specific resource.
C. the duration taken to settle a resource ownership dispute by due process of law.
D. the need of a specific resource to the public.
E. the number of years a specific resource is in possession of a private party.
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: The courts have generally defined just compensation in terms of market value. In
most instances, the government offers compensation to an owner, a negotiation follows, and an
amount is agreed upon as a just compensation.
68. ______ means that the government may not act in a manner that is arbitrary, capricious, or
unreasonable.
A. Eminent domain
B. Contract clause
C. Exclusion clause
D. Just compensation
E. Due process
Answer: E
Blooms: Remember
Difficulty: 1 Easy
Feedback: Due process means that government may not act in a manner that is arbitrary,
capricious, or unreasonable. It means fundamental fairness and decency.
69. Which of the following statements is true of the due process clause?
A. It prevents individuals from acting in an unreasonable manner.
B. It describes the principle of sovereignty of government organizations.
C. It is stated in the Second Amendment of the U.S. Constitution.
D. It does not prevent private corporations from acting in an arbitrary manner.
E. It allows the government to condemn and take specific private resources for money under the
power called eminent domain.
Answer: D
Blooms: Understand
Feedback: The due process clause does not prevent private corporations from acting in an
arbitrary manner. It applies only to governmental bodies; it does not apply to the actions of
individuals or businesses.
70. ______ cases involve whether proper notice has been given and a proper hearing has been
conducted.
A. Equal protection clause
B. Contract clause
C. Exclusion clause
D. Limitation clause
E. Procedural due process clause
Answer: E

Blooms: Remember
Difficulty: 1 Easy
Feedback: Procedural due process cases involve whether proper notice has been given and a
proper hearing has been conducted. Such cases frequently involve procedures established by
statute.
71. The concept of incorporation through the ______ has made the protections of the Bill of
Rights applicable to individuals subject to state and local regulations.
A. supremacy clause
B. contract clause
C. due process clause
D. limitation clause
E. exclusion clause
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: The concept of incorporation through the due process clause has made the protections
of the Bill of Rights applicable to individuals subject to state and local regulations. The due
process clause has played a unique role in constitutional development—one that was probably
not anticipated at the time of its ratification.
72. Which of the following statements is true of the minimum rationality approach?
A. A permissible state end is one that is prohibited by at least one provision of the Constitution.
B. Under this approach, a permissible state end is one that qualifies as an ethical, not necessarily
reasonable, goal of government.
C. A permissible state end is not prohibited by another provision of the Constitution.
D. A permissible state end does not qualify as a legitimate goal of government.
E. Under this approach, a law creating different classifications will survive if it has no
connection to a permissible state end.
Answer: C
Blooms: Understand
Feedback: A permissible state end is one not prohibited by another provision of the Constitution.
Under the minimum rationality approach, a law creating different classifications will survive an
equal protection challenge if it has a rational connection to a permissible state end.
73. Under the minimum rationality approach, a(n) ______ qualifies as a legitimate goal of
government.
A. compelling state end
B. prohibited state end
C. irrational state end
D. permissible state end
E. wholly arbitrary state end
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: A permissible state end is one not prohibited by another provision of the Constitution.
It qualifies as a legitimate goal of government.
74. The ______ test is used if the classification involves either a suspect class or a fundamental
constitutional right.
A. minimum rationality
B. quasi-strict scrutiny
C. rational basis
D. prior restraints
E. strict scrutiny
Answer: E
Blooms: Remember
Difficulty: 1 Easy
Feedback: The strict scrutiny test is used if the classification involves either a suspect class or a
fundamental constitutional right. A suspect class is one that has such disabilities, has been
subjected to such a history of purposeful unequal treatment, or has been placed in such a position
of political powerlessness that it commands extraordinary protection from the political process of
the majority.
75. Classifications directed at race, national origin, and legitimacy of birth are ______.
A. suspect classes
B. quasi-suspect classes
C. considered illegitimate
D. intermediate classes
E. presumed valid
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: Classifications directed at race, national origin, and legitimacy of birth are suspect
classes. A suspect class is one that has such disabilities, has been subjected to such a history of
purposeful unequal treatment, or has been placed in such a position of political powerlessness
that it commands extraordinary protection from the political process of the majority.
76. Valencia secures a good grade with a 4.0 GPA in her admission test. However, she is denied
admission by a community college. She files a suit stating that she was discriminated on the
basis of race. She claims that she was rejected because the college used race as an important
factor, giving applicants belonging to minority groups a greater chance for admission than
students with similar credentials belonging to disfavored racial groups. In deciding this case
using the equal protection clause, which of the following approaches is most likely to be used by
courts?
A. the minimum rationality approach
B. the strict scrutiny approach
C. the maximum rationality approach
D. the intermediate scrutiny approach
E. the quasi-scrutiny approach
Answer: B
Blooms: Apply
Difficulty: 3 Hard
Feedback: In deciding this case using the equal protection clause, courts are more likely to use
the strict scrutiny approach. The strict scrutiny test is used if the classification involves either a
suspect class or a fundamental constitutional right. A suspect class is one that has such
disabilities, has been subjected to such a history of purposeful unequal treatment, or has been
placed in such a position of political powerlessness that it commands extraordinary protection
from the political process of the majority. For example, classifications directed at race, national
origin, and legitimacy of birth are clearly suspect.
77. Which of the following classifications is most likely to be presumed valid under the
minimum rationality approach?
A. voting rights
B. race
C. weight
D. legitimacy
E. gender
Answer: C
Blooms: Remember
Difficulty: 1 Easy
Feedback: Weight is most likely to be presumed valid under the minimum rationality approach.
Under the minimum rationality approach, a law creating different classifications will survive an
equal protection challenge if it has a rational connection to a permissible state end.
78. Which of the following statements is true of the strict scrutiny approach?
A. It is used if the classification is partially suspect.
B. It falls between the minimum and quasi-strict scrutiny approaches.
C. Classifications need to be permissible to achieve a state interest.
D. Classifications that are subject to this approach are presumed to be constitutional.
E. It is applied to cases involving classifications directed at fundamental rights.
Answer: E
Blooms: Understand
Feedback: Strict judicial scrutiny is applied to cases involving classifications directed at
fundamental rights. To withstand constitutional challenge when this test is used, the law must
serve important governmental objectives and the classification must be substantially related to
achieving these objectives.
79. The strict scrutiny approach is applied to cases involving rights such as the
A. right to possess guns.
B. right to travel.
C. right to follow any religion.
D. right to freedom of the press.
E. right to free speech.
Answer: B
Blooms: Understand
Feedback: The strict scrutiny approach is applied to cases involving rights such as the right to
travel. If a classification unduly burdens or penalizes the exercise of a constitutional right, it will
be stricken unless it is found to be necessary to support a compelling state interest.
80. Which of the following statements is true of the quasi-strict scrutiny tests?
A. When applying the quasi-strict scrutiny tests, the judiciary thoroughly scrutinizes laws
directed at them.
B. The quasi-strict scrutiny tests are used if a classification has a reasonable basis and is not
wholly arbitrary.
C. The quasi-strict scrutiny tests are used for cases involving fundamental constitutional rights.
D. The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and
strict scrutiny approaches.
E. The quasi-strict scrutiny tests are used if a classification is perfectly suspect.
Answer: D
Blooms: Understand
Feedback: Cases that fall between the minimum rationality and strict scrutiny approaches use the
quasi-strict scrutiny tests because the classifications are only partially suspect or the rights
involved are not quite fundamental. For example, classifications directed at gender are partially
suspect.
81. Quasi-strict scrutiny tests are used in cases involving classifications based on ______.
A. gender
B. age
C. race
D. national origin
E. legitimacy
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: Quasi-strict scrutiny tests are used in cases involving classifications based on gender.
Cases that fall between the minimum rationality and strict scrutiny approaches use the quasi-
strict scrutiny tests. These cases use quasi-strict scrutiny tests because the classifications are only
partially suspect or the rights involved are not quite fundamental.
82. A military institute in a particular state launched a separate program for women. However,
the senior members of the program held that women would not be provided with the same type
of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni
connections that were provided to male cadets. The women cadets of the program filed a suit in
order to get justice. Which of the following approaches is most likely to be adopted in this case?
A. minimum rationality approach
B. strict scrutiny approach
C. quasi-strict scrutiny approach
D. indeterminate scrutiny approach
E. rational basis approach
Answer: C
Blooms: Apply
Difficulty: 3 Hard
Feedback: The quasi-strict scrutiny approach is most likely to be adopted in this case. A few
cases use quasi-strict scrutiny tests because the classifications are only partially suspect or the
rights involved are not quite fundamental. Classifications directed at gender are partially suspect.
Therefore, the gender discrimination faced by the women candidates can be solved by adopting
the quasi-strict scrutiny approach.
83. The meaning and application of the equal protection clause have been central issues in cases
involving ______.
A. the right to possess guns
B. freedom of the press
C. the freedom of expression
D. the prohibition of following any establishment of religion
E. voting requirements
Answer: E
Blooms: Understand
Feedback: The meaning and application of the equal protection clause have been central issues in
cases involving voting requirements. The equal protection clause may be utilized by anyone
claiming unequal treatment in any case.
84. If the ______ test is used, the classifications are usually found to be unconstitutional under
the equal protection clause.
A. strict scrutiny
B. quasi-strict scrutiny
C. traditional
D. rational-basis
E. minimum rationality
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: If the strict scrutiny test is used, the classifications are usually found to be
unconstitutional under the equal protection clause. On the other hand, if the traditional
(minimum rationality) approach is used, the challenged law and its classifications are usually
found not to be a violation of equal protection.
85. Minimum rationality tests are applied to cases involving ______.

A. race
B. national origin
C. legitimacy
D. marriage
E. gender
Answer: D
Blooms: Remember
Difficulty: 1 Easy
Feedback: Minimum rationality tests are applied to cases involving classifications based on
marriage, height, weight, age, etc. Under the minimum rationality approach, a law creating
different classifications will survive an equal protection challenge if it has a rational connection
to a permissible state end.
86. Strict scrutiny tests are applied to cases involving classifications based on ______.
A. height
B. legitimacy
C. marriage
D. age
E. gender
Answer: B
Blooms: Understand
Feedback: Strict scrutiny tests are applied to cases involving classifications based on legitimacy,
race, national origin, and fundamental rights. Under the strict scrutiny test, a classification will
be a denial of equal protection unless the classification is necessary to achieve a compelling state
purpose.
87. Which of the following classifications is subject to a rational-basis test?

A. legitimacy
B. gender
C. race
D. national origin
E. age
Answer: E
Blooms: Remember
Difficulty: 1 Easy
Feedback: Classification based on age is subject to a rational-basis test. The classification must
have a reasonable basis (not wholly arbitrary), and the courts will assume any statement of facts
that can be used to justify the classification.
Short Answer Questions
88. List the basic concepts of the United States Constitution.
Answer: The Constitution contains many concepts that frame how the federal government
operates and interacts with state and local governments. Three of these are of great significance
to the creation of a strong centralized, federal government. They are the separation of powers
concept, the supremacy clause, and the contract clause.

Blooms: Remember
Difficulty: 1 Easy
89. What is federalism?
Answer: The separation of powers between levels of government is known as federalism. This
concept recognizes that each level of government has a separate and distinct role to play. The
federal government recognizes that it was created by the states and that states have some
sovereignty.

Blooms: Understand
90. Briefly explain the supremacy clause.
Answer: Under the supremacy clause, courts may be called upon to decide if a state law is
invalid because it conflicts with a federal law. They must construe or interpret the two laws to
see if they are in conflict. A conflict exists if the state statute would prevent or interfere with the
accomplishment and execution of the full purposes and objectives of Congress.

Blooms: Understand
91. Briefly explain the concept of preemption.
Answer: Sometimes a federal law is said to preempt an area of law. If a federal law preempts a
subject, then any state law that attempts to regulate the same activity is unconstitutional under
the supremacy clause. The concept of preemption applies not only to federal statutes but also to
the rules and regulations of federal administrative agencies.

Blooms: Understand
92. Briefly explain the aspects of the contract clause.
Answer: The contract clause does not apply to the federal government, which does in fact
frequently enact laws and adopt regulations that affect existing contracts. Under the contract
clause, states cannot enact laws that impact rights and duties under existing contracts. The
limitation on state action impairing contracts has not been given a literal application. As a result
of judicial interpretation, some state laws that affect existing contracts have been approved,
especially when the law is passed to deal with a specific emergency situation.

Blooms: Understand
business.
93. What are the four important aspects of amendments and basic protections?
Answer: The four aspects of amendments are as follows:

a) Basic constitutional rights are not absolute.
b) The extent of any limitation on a basic constitutional guarantee depends upon the nature of the
competing public policy. Cases involving the Bill of Rights almost always require courts to
strike a balance either between some goal or policy of society and the constitutional protection
involved or between competing constitutional guarantees.
c) Constitutional guarantees exist in order to remove certain issues from the political process and
the ballot box. They exist to protect the minority from the majority. Freedom of expression
(press and speech) protects the unpopular idea or viewpoint.
d) Constitutional rights vary from time to time and may be narrowly interpreted during
emergencies such as war or civil strife.

Blooms: Remember
Difficulty: 1 Easy
94. Briefly describe the two clauses included in the concept of freedom of religion.
Answer: The First Amendment states that Congress shall make no law respecting an
establishment of religion, known as the establishment clause, or prohibiting the free exercise
thereof, known as the free exercise clause. These clauses guarantee freedom of religion through
the separation of church and state.

Blooms: Understand
95. Briefly explain the features of freedom of speech.
Answer: Freedom of speech, sometimes referred to as freedom of expression, covers both verbal
and written communications. This protection relates to governmental action that restricts our
ability to express ourselves. The Amendment protection does not apply to private action. Free
speech also covers conduct or actions considered symbolic speech. Although freedom of speech
is not absolute, it is as close to being absolute as any constitutional guarantee. It exists to protect
the minority from the majority. It means freedom to express ideas antagonistic to those of the
majority.

Blooms: Understand
96. When is a state law that limits picketing considered constitutional?
Answer: A state law that limits picketing or other First Amendment freedoms may be
constitutional if the regulation is within the government’s constitutional power, if it furthers a
substantial governmental interest, if it is unrelated to suppression of free expression, and if the
incidental restriction on First Amendment freedoms is no greater than is essential to further the
government’s interest.

Blooms: Understand
97. Briefly explain the overbreadth doctrine.
Answer: In some free-speech cases, an individual whose own speech or conduct may not be
prohibited is nevertheless permitted to challenge a statute limiting speech because it also
threatens other people not before the court. The person is allowed to challenge the statute
because others who may desire to engage in legally protected expression may refrain from doing
so. They may fear the risk of prosecution, or they may not want to risk having a law declared to
be only partially invalid. This is known as the overbreadth doctrine. It means that the legislators
have gone too far in seeking to achieve a goal.

Blooms: Understand
98. Briefly explain the features of commercial speech.
Answer: Freedom of speech protects corporations as well as individuals. The public interests
served by freedom of expression protect the listener as well as the speaker. Freedom of
expression includes freedom of information or the rights of the public to be informed. Since
corporations may add to the public’s knowledge and information, they also have the right to free
speech. Freedom of speech for corporations may not be as extensive as the right of an individual.
However, a government cannot limit commercial speech without a compelling state interest
expressed to justify the restriction. State regulatory commissions often seek to limit the activities
of public utilities. Such attempts usually run afoul of the First Amendment.

Blooms: Understand
99. Briefly explain the aspects of the freedom of the press.
Answer: The publishing business is the only organized private business given explicit
constitutional protection. The First Amendment states that Congress shall make no law abridging
the freedom of the press. This guarantee essentially authorizes a private business to provide
organized scrutiny of government. Freedom of the press is not absolute. The press is not free to
print anything it wants without liability. Rather, freedom of the press is usually construed to
prohibit prior restraints on publications. If the press publishes that which is illegal or libelous, it
has liability for doing so. This liability may be either criminal or civil for damages.

Blooms: Understand
100. What is libel?
Answer: A major area of litigation involving freedom of the press involves defamation. The tort
theory known as libel is used to recover damages as a result of printed defamation of character.
Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods.

Blooms: Understand
101. Briefly explain the aspects of the right to possess guns as per the Second Amendment of the
U.S. Constitution.
Answer: The language of the Second Amendment is as follows: “A well regulated Militia, being
necessary to the security for a free State, the right of the people to keep and bear Arms, shall not
be infringed.” In 2008, the U.S. Supreme Court addressed the meaning of the Second
Amendment as it applies to the maintenance of a militia versus an individual’s right to possess
and use guns in their homes. By a 5–4 margin, the Court ruled that the Second Amendment is not
limited by its introductory phrase. The Court struck down, as unconstitutional, the District of
Columbia’s ban on handguns and its requirement that other guns, such as rifles, be kept unloaded
or disassembled, or subject to a trigger-locking mechanism. The Court’s majority concluded
individuals in the District of Columbia can possess handguns in their homes and can have their
guns loaded and ready for use in self-defense.

Blooms: Understand
102. What is the primary purpose of the Fourteenth Amendment? List the three important clauses
of the Fourteenth Amendment.
Answer: The Fourteenth Amendment provides protection to citizens against the actions of the
states. This amendment contains three important clauses—privileges and immunities, due
process, and equal protection.

Blooms: Remember
Difficulty: 1 Easy
103. Briefly explain the takings clause of the Fifth Amendment to the U.S. Constitution.
Answer: The takings clause of the Fifth Amendment to the U.S. Constitution allows the
government to take specific resources (usually but not always land) away from private owners
for public use upon the payment of just compensation. The clause recognizes the existence and
importance of private ownership, but allows the government to condemn and take specific
private resources for money under the power called eminent domain.

Blooms: Understand
104. What is meant by eminent domain?
Answer: The takings clause recognizes the existence and importance of private ownership, but
allows the government to condemn and take specific private resources for money under the
power called eminent domain. It means the government can take private property for public use
upon paying just compensation. Public use means basically the same thing as common good.
When the state decides to take an owner’s resources, it is determining that the right of property in
these resources no longer serves the common good and that the greater common good requires
that the resources be taken. Even so, the owner who has lost a property interest through eminent
domain must receive just compensation. The government can only take what belongs to private
owners upon payment of “just compensation.” The courts have generally defined just
compensation in terms of market value.

Blooms: Understand
105. How are taking, public use, and just compensation determined in the context of the takings
clause?
Answer: One way to determine whether regulation is a taking is to see if it is necessary to protect
an established property right of others that concerns safety, health, or other general welfare. The
easiest way to define public use is to say it is a use by the public. A public road, a public park, a
public building, a public sewage treatment plant or landfill—taking a private owner’s land for
any of these uses is a public use. The government can only take what belongs to private owners
upon payment of just compensation. The courts have generally defined just compensation in
terms of market value. In most instances, the government offers compensation to an owner, a
negotiation follows, and an amount is agreed upon as a just compensation.

Blooms: Understand
106. Briefly explain the due process clause.
Answer: Due process means fundamental fairness and decency. It means that government may
not act in a manner that is arbitrary, capricious, or unreasonable. The clause does not prevent
private individuals or corporations, including public utilities, from acting in an arbitrary or
unreasonable manner. The due process clause applies only to governmental bodies; it does not
apply to the actions of individuals or businesses.

Blooms: Understand
107. Briefly explain procedural due process cases.
Answer: Procedural due process cases involve whether proper notice has been given and a proper
hearing has been conducted. Such cases frequently involve procedures established by statute.
However, many cases involve procedures that are not created by statute. For example, the due
process clause has been used to challenge the procedure used in the dismissal of a student from a
public university.

Blooms: Understand
108. State the concept of the incorporation doctrine.
Answer: The concept of incorporation through the due process clause has made the protections
of the Bill of Rights applicable to individuals subject to state and local regulations. The role of
the due process doctrine goes well beyond incorporation. The Fourteenth Amendment contains a
due process clause applicable to state and local governments. Due process essentially means the
same thing under both amendments. Through the due process clause, all of the constitutionally
guaranteed freedoms have been incorporated into the Fourteenth Amendment and are applicable
to a state government’s regulation of people’s personal and professional lives.

Blooms: Understand
109. Briefly explain the equal protection clause.
Answer: The equal protection clause of the Fourteenth Amendment to the Constitution is of very
special importance to businesspeople. No law treats all persons equally; laws draw lines and treat
people differently. Therefore, almost any state or local law imaginable can be challenged under
the equal protection clause. It is obvious that the equal protection clause does not always deny
states the power to treat different persons in different ways. Yet the equal protection clause
embodies the ethical idea that law should not treat people differently without a satisfactory
reason. In deciding cases using that clause to challenge state and local laws, courts use three
distinct approaches. One is the traditional, or minimum rationality, approach, and a second is
called the strict scrutiny approach. Some cases are analyzed as falling in between these
approaches. Courts in these cases use the quasi-strict scrutiny approach.

Blooms: Understand
110. List the approaches applied by courts while using the equal protection clause.
Answer: The courts apply three distinct approaches while using the equal protection clause. One
is the traditional, or minimum rationality, approach, and a second is called the strict scrutiny
approach. Some cases are analyzed as falling in between these approaches. Courts in these cases
use the quasi-strict scrutiny approach.

Blooms: Remember
Difficulty: 1 Easy
111. Briefly explain the minimum rationality approach.
Answer: Under the minimum rationality approach, a law creating different classifications will
survive an equal protection challenge if it has a rational connection to a permissible state end. A
permissible state end is one not prohibited by another provision of the Constitution. It qualifies
as a legitimate goal of government. The classification must have a reasonable basis (not wholly
arbitrary), and the courts will assume any statement of facts that can be used to justify the
classification. These laws often involve economic issues or social legislation such as welfare
laws.

Blooms: Understand
112. Briefly explain the strict scrutiny approach.
Answer: Under the strict scrutiny test, a classification will be a denial of equal protection unless
the classification is necessary to achieve a compelling state purpose. It is not enough that a
classification be permissible to achieve any state interest; it must be a compelling state objective.
The strict scrutiny test is used if the classification involves either a suspect class or a
fundamental constitutional right. A suspect class is one that has such disabilities, has been
subjected to such a history of purposeful unequal treatment, or has been placed in such a position
of political powerlessness that it commands extraordinary protection from the political process of
the majority. For example, classifications directed at race, national origin, and legitimacy of birth
are clearly suspect. Classifications that are subject to strict judicial scrutiny are presumed to be
unconstitutional. The state must convince the court that the classification is fair, reasonable, and
necessary to accomplish the objective of legislation that is compelling to a state interest.

Blooms: Understand
113. Which approach is used by courts in deciding cases using the equal protection clause
involving classifications directed at fundamental rights?
Answer: Strict judicial scrutiny is applied to a group of cases involving classifications directed at
fundamental rights. If a classification unduly burdens or penalizes the exercise of a constitutional
right, it will be stricken unless it is found to be necessary to support a compelling state interest.
Among such rights are the right to vote, the right to travel, and the right to appeal.

Blooms: Understand
114. Briefly explain the quasi-strict scrutiny approach.
Answer: Some cases fall between the minimum rationality and strict scrutiny approaches. These
cases use what is sometimes called quasi-strict scrutiny tests because the classifications are only
partially suspect or the rights involved are not quite fundamental. Such classifications are
unconstitutional unless they are substantially related to an important government objective. This
modified version of strict scrutiny has resulted in holdings that find laws to be valid as well as
unconstitutional.

Blooms: Understand
115. Briefly explain why gender has not been moved to the strict scrutiny analysis.
Answer: A reason gender has not been moved to the strict scrutiny analysis is cases involving
gender discrimination are so infrequent; states understand that unequal protection on the basis of
gender is unacceptable. In cases involving classifications based on gender, the courts have taken
this position between the two tests or at least have modified the strict scrutiny approach. Such
classifications are unconstitutional unless they are substantially related to an important
government objective.

Blooms: Remember
Difficulty: 1 Easy
116. List some of the cases that have applied the equal protection clause.
Answer: The meaning and application of the equal protection clause have been central issues in
cases involving:
a) Apportionment of legislative bodies.
b) Racial segregation in the sale and rental of real estate.
c) Laws distinguishing between the rights of legitimates and illegitimates.
d) The makeup of juries.
e) Voting requirements.
f) Welfare residency requirements.
g) Rights of aliens.

Blooms: Remember
Difficulty: 1 Easy

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Legal and Regulatory Environment of Business 17th Edition Pagnattaro Test Bank Download

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Chapter 06 – The Constitution

Test Bank for Legal and Regulatory Environment of

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3. The federal government recognizes that states have no sovereignty.

Topic: Basic Concepts

8. The contract clause applies to the federal government in many ways.

13. Basic constitutional rights are absolute.

17. The establishment clause deals with freedom of speech.

20. Freedom of speech is an absolute constitutional guarantee.

22. Freedom of speech protects corporations as well as individuals.

AACSB: Analytical Thinking

Topic: Amendments and Basic Protections

26. A libel is used to recover damages as a result of transitory statements.

30. Due process clause applies to the actions of individuals or businesses.

Multiple Choice Questions

36. The separation of powers between levels of government is known as ______.

39. Which of the following statements is true of federalism?

42. Which of the following statements is true of the supremacy clause?

45. Which of the following statements is true of preemption?

48. Which of the following statements is true of the contract clause?

C. the contract clause

52. Which of the following statements is true of freedom of speech?

58. Which of the following statements is true of commercial speech?

60. Which of the following statements is true of freedom of the press?

Topic: Amendments and Basic Protections

63. Libel cases compensate individuals for harm inflicted by ______.

C. printed defamatory falsehoods

64. The Second Amendment consists of the ______.

Topic: Amendments and Basic Protections

67. The courts have generally defined just compensation in terms of

AACSB: Analytical Thinking

85. Minimum rationality tests are applied to cases involving ______.

87. Which of the following classifications is subject to a rational-basis test?

Short Answer Questions

88. List the basic concepts of the United States Constitution.

AACSB: Analytical Thinking

Topic: Basic Concepts

89. What is federalism?

AACSB: Analytical Thinking

90. Briefly explain the supremacy clause.

AACSB: Analytical Thinking

91. Briefly explain the concept of preemption.

AACSB: Analytical Thinking

92. Briefly explain the aspects of the contract clause.

AACSB: Analytical Thinking

Answer: The four aspects of amendments are as follows:

AACSB: Analytical Thinking

AACSB: Analytical Thinking

95. Briefly explain the features of freedom of speech.

AACSB: Analytical Thinking

96. When is a state law that limits picketing considered constitutional?

AACSB: Analytical Thinking

97. Briefly explain the overbreadth doctrine.

AACSB: Analytical Thinking

98. Briefly explain the features of commercial speech.

AACSB: Analytical Thinking

99. Briefly explain the aspects of the freedom of the press.

AACSB: Analytical Thinking

100. What is libel?

AACSB: Analytical Thinking

AACSB: Analytical Thinking

AACSB: Analytical Thinking

AACSB: Analytical Thinking