Chapter 2: Business and the Constitution

Question 1

Before the Revolutionary War, what kind of government did the states want?

Answer 1

A weak national government with limited powers

Question 2

What were the two issues of the Articles of Confederation?

Answer 2

1. The nation was facing an economic crisis
2. State laws interfered with the free flow of commerce

Question 3

a system of government in which the states form a union and the sovereign power is divided between a central government and the member states

Answer 3

federal form of government

Question 4

the quality of having independent authority over a geographic area. (ex: state governments have the authority to regulate affairs within their borders)

Answer 4

sovereignty

Question 5

powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.

Answer 5

police powers

Question 6

What was the serious flaw of the proposed first Constitution?

Answer 6

It did not protect individual rights and liberties

Question 7

What fixed the major flaw of the proposed first Consitution?

Answer 7

The Bill of Rights

Question 8

What are the police powers?

Answer 8

health, safety, order, morals

Question 9

If you are caught speeding a get a ticket, what kind of power is the ticketer exercising?

Answer 9

enforcement powers (has NOTHING to do with police powers)

Question 10

clause that prevents states from discriminating against one another’s citizens (ex: transferring property, seeking employment, and accessing the court system)

Answer 10

privileges and immunities clause

Question 11

clause that requires states to enforce the laws and court rulings of other states, especially concerning property and criminal proceedings

Answer 11

full faith and credit clause

Question 12

If you got a ticket in Georgia and got your license suspended, but your from Maryland, what clause applies to the fact that even in Maryland your license will still be suspended even though you got a ticket in Georgia?

Answer 12

full faith and credit clause

Question 13

T/F: The Privileges and Immunities Clause means that states must comply and enforce the ruling of other states concerning mainly property and criminal law

Answer 13

False (this is the Full Faith and Credit Clause)

Question 14

Virtually the entire reason we have the Constitution is because of:

Answer 14

business

Question 15

What does the legislative branch do (Congress)?

Answer 15

creates laws

Question 16

What does the executive branch do (President/agencies)?

Answer 16

enforces laws

Question 17

What does the judicial branch do (courts)?

Answer 17

interpret laws

Question 18

What two things did the Commerce Clause do for the U.S?

Answer 18

1. Solved economic issues of the articles of confederation.
2. Allowed the largest growth and prosperity the world has ever seen.

Question 19

the system by which each of the three branches of the U.S. National Government exercises checks on the powers of the other branches

Answer 19

checks and balances

Question 20

What clause gives Congress the power to regulate interstate commerce?

Answer 20

commerce clause

Question 21

What is the most important clause in the Constitution for business?

Answer 21

commerce clause

Question 22

Can states regulate interstate commerce? Why or why not?

Answer 22

Yes; the federal government can regulate it if they want to, they can share that regulation if they want to, or they can regulate it by themselves

Question 23

Who has priority over commerce regulation?

Answer 23

the federal government (commerce clause)

Question 24

States may regulate interstate commerce only if:

Answer 24

1. The Federal Government hasn’t decided to exclusively regulate a particular area of commerce
2. The state regulation does not “unduly burden” interstate commerce (ex: trucking industry, shoes)

Question 25

the clause that provides that the Constitution, laws, and treaties of the United States are the “supreme Law of the land”. Under this clause, state and local laws that directly conflict with federal law will be rendered invalid

Answer 25

supremacy clause

Question 26

a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

Answer 26

preemption

Question 27

What does the 14th Amendment say and do?

Answer 27

Say: “No state shall deprive any person of life, liberty, or property without due process of law”
Do: limits the state governments

Question 28

T/F: The rights secured by the Bill of Rights are not absolute

Answer 28

True

Question 29

nonverbal conduct that expresses opinions or thoughts about a subject; it is protected under the First Amendment’s guarantee of freedom of speech

Answer 29

symbolic speech

Question 30

What is the First Amendment?

Answer 30

freedom of speech (business exception)

Question 31

What is the Second Amendment?

Answer 31

Right to Keep and Bear Arms

Question 32

What is the Fourth Amendment?

Answer 32

Freedom from Unreasonable Searches (business exception)

Question 33

What is the Fifth Amendment?

Answer 33

Right against Self-Incrimination (business exception) and Due Process clause

Question 34

a test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait

Answer 34

compelling government interest test

Question 35

the provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law “respecting an establishment of religion”

Answer 35

establishment clause

Question 36

the provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law “prohibiting the free exercise” of religion

Answer 36

free exercise clause

Question 37

Does the Fifth Amendment guarantee against self-incrimination extend to corporations or partnerships?

Answer 37

No; only extends to natural persons

Question 38

the provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law.

Answer 38

due process clause

Question 39

if a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to ______ _______ by the courts.

Answer 39

strict scrutiny

Question 40

applied in cases involving discrimination based on gender or legitimacy (children born out of wedlock)

Answer 40

intermediate scrutiny

Question 41

T/F: It is almost impossible for a law or action to fail the rational basis test

Answer 41

True

Question 42

T/F: The word privacy is not found in the Constitution

Answer 42

True

Question 43

What amendments IMPLY that there is a constitutional right to privacy?

Answer 43

First, Second, Third, Fourth, Fifth, and Ninth Amendments

Question 44

what allows persons to request copies of any information on them contained in federal government files?

Answer 44

Freedom of Information Act

Question 45

T/F: The national government has the implied power to undertake actions necessary to carry out its expressly designated powers.

Answer 45

True

Question 46

T/F: Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

Answer 46

True

Question 47

T/F: Equal protection means that the government must treat all individuals the same.

Answer 47

False

Question 48

A federal form of government is one in which the national government shares sovereign power with:

Answer 48

the states

Question 49

Under the U.S. Constitution, Congress has the power to regulate:
a. only non-commercial activities.
b. only intrastate commercial enterprises.
c. every commercial enterprise in the United States.
d. only local commercial enterprises.

Answer 49

c. every commercial enterprise in the United States.

Question 50

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by:
a. the commerce clause.
b. the privileges and immunities clause
c. the supremacy clause
d. the full faith and credit clause

Answer 50

c. the supremacy clause

Question 51

Utah enacts a statute to ban advertising in “bad taste.” Most likely, a court would hold this statute to be
a. justified by the need to protect individual rights.
b. an unconstitutional restriction of speech.
c. constitutional under the First Amendment.
d. necessary to protect national interests.

Answer 51

b. an unconstitutional restriction of speech.