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Constitutional Law Quiz

The 1st Amendment of the Constitution of the United States preserves freedom of speech:
a. But does not preclude the prevention and punishment of libelous speech
b. But does not permit the criticism of public officials for the performance of their public duties
c. As an absolute right which is deemed to be self-evident and inalienable
d. None of the above
Answer: A

The 1st Amendment to the Constitution guarantees freedom of speech. This freedom is:
a. Not an absolute right
b. An absolute right
c. An unlimited right
d. None of the above
Answer: A

The federal government has the _____ power to coin money.
(A) concurrent
(B) non-exclusive
(C) exclusive
(D) none of the above
Answer: C

The federal government has the _____ power to regulate immigration.
(A) concurrent
(B) non-exclusive
(C) exclusive
(D) none of the above
Answer: C

The following phrase describes a primary purpose of the commerce clause of the Constitution:
(A) The rules governing movement of goods from state to state are uniform, since the federal government controls those rules rather than letting each state create its own rules for how goods move in and out of each state.
(B) In any legal case, the doctrine of standing to sue requires a litigant to demonstrate a direct and immediate personal injury.
(C) The rules governing movement of goods are different from state to state, since the federal government should not control those rules and instead should let each state create its own rules for how goods move in and out.
(D) In any legal case, the doctrine of standing to sue requires a court to demonstrate a direct and immediate personal injury.
Answer: A

The government passes a law forbidding cigarette manufacturers from using cartoons (such as Joe Camel) in their advertising. The government says such advertising purposefully entices children to buy cigarettes. A cigarette-manufacturing company initiates a lawsuit challenging the law in court, claiming it is a violation of the company’s First Amendment Constitutional right to free speech. You are the attorney hired by the government to defend the law. Which of the following arguments would you use in court?
(A) A company is not a human being and therefore it cannot initiate a lawsuit against the government, or against anybody else.
(B) Commercial speech is only partially protected by the First Amendment, and in this case the government’s interest in the health, safety and welfare of its citizens outweighs a company’s commercial-speech rights to use certain advertising techniques.
(C) Commercial speech is not protected by the First Amendment, therefore the cigarette company’s advertisements are not entitled to any Constitutional protection.
(D) None of the above.
Answer: B

The major obstacle to a taxpayer challenging specific governmental spending of funds collected through taxes is:
a. the police power
b. separation of powers
c. selective incorporation
d. standing to use
Answer: D

The Preemption Doctrine governs the relationship between the states and the federal government.
True or False
Answer: F

The Privileges and Immunities Clause requires that every state recognize and enforce the judgments and other public actions of sister states.
True or False
Answer: F

The State of Iowa enacts legislation which forbids the use of double tractor trailers on state highways. The Iowa legislature believes trucks pulling two semi trailers are hazardous. The Iowa legislature did not base the enactment of this law on fact. Trucks coming from out of state with double trailers must either go around Iowa or shed one of their trailers. The truck traffic on Iowa highways has been substantially decreased. The A.B.C. Freight Company seeks to challenge the law as a violation of the Constitution. A.B.C. Fright Company normally ships goods by double tractor trailer through the state of Iowa. If A.B.C. wants to challenge the Iowa statute in federal court, which constitutional provision will most likely be used?
a. Commerce Clause
b. Establishment Clause
c. Equal Protection
d. Double Jeopardy
Answer: A

The states and the federal government may prevent the dissemination of commercial speech that is false, deceptive, misleading, or that proposes an illegal transaction. Otherwise, commercial speech cannot be restricted unless a substantial governmental interest is being directly advanced.
True or False
Answer: T

The supremacy clause governs the relationship between the ______ and the ______.
(A) legislative branch, executive branch
(B) judicial branch, executive branch
(C) states, federal government
(D) none of the above
Answer: C

The Supremacy Clause governs the relationship between the states and the federal government.
True or False
Answer: T

The Supremacy Clause in the U.S. Constitution requires federal law to preempt all similar state laws.
True or False
Answer: F

The U.S. Supreme Court has upheld statutes that impose taxation on income derived from both legal and illegal sources.
True or False
Answer: T

These taxes are levied on imports by the federal government:
a. Excises
b. Imposts
c. Severance
d. None of the above
Answer: B

This occurs as a drastic measure to terminate the business entity engaging in crime so that it no longer exists.
(a) Divestiture
(b) Dissolution
(c) Disgorgement
(d) Reorganization
Answer: B

This U.S. Constitutional Clause governs the relationship between the states and the federal government.
(a) The Supremacy Clause
(b) The Commerce Clause
(c) The Full Faith and Credit Clause
(d) The Preemption Clause
Answer: A

This U.S. Constitutional Clause grants to Congress the power to regulate business activities with foreign nations, among the several states and with the Indian tribes.
(a) The Supremacy Clause
(b) The Commerce Clause
(c) The Full Faith and Credit Clause
(d) The Preemption Clause
Answer: B

Two types of speech fit into the category of partially protected speech: commercial speech and fighting words.
True or False
Answer: F

Under the ________ clause, when the Constitution delegates a specific power to the federal government, any state law that conflicts with a federal law in that area is prohibited.
(A) commerce
(B) spending power
(C) full faith and credit
(D) none of the above
Answer: D

Under the charge of obstruction of justice, executives may not be prosecuted for destroying or hiding corporate records required under a subpoena by a grand jury, a court or an investigative agency; only the corporation itself can be prosecuted. True or False
Answer: F

Under the Commerce Clause, each individual state has the power to regulate commerce between the several states, with foreign nations and the Indian tribes. True or False
Answer: F

We-kill-em Chemicals, Inc. illegally dumped sewage into a tributary of the Mississippi River Bill, the Chief Executive Officer of We-kill-em, can be prosecuted for this crime. True or False
Answer: T

What is the usual remedy by which courts punish corporations for the criminal acts of their employees?
a. Imprisonment of the board of directors
b. Fines
c. Corporations cannot be legally punished for the acts of their employees
d. Both a and b
Answer: B

When a bank officer transfers the bank’s money into a personal account, he or she is guilty of Embezzlement. True or False
Answer: T

When a state regulation encroaches on interstate commerce, the courts will balance the state’s interest in the merits and purposes of the regulation against the:
(a) enumerated powers provision
(b) burden on interstate commerce
(c) necessary and proper clause
(d) ability of the government to enforce the law
Answer: B

Which of the following business transactions would include a charge for sales tax?
(A) An entertainment company booking its magician to perform at a party.
(B) The cell-phone store selling a cell phone.
(C) A bank signing up a new customer with a checking account.
(D) A dog groomer shampooing and brushing a poodle.
Answer: B

Which of the following is not classified as a white-collar crime?
a. computer crime
b. embezzlement
c. mail fraud
d. robbery
Answer: D

You own a pharmacy, and you are proud of the fact that your pharmacy provides its customers with prescription drugs at a lower cost than Walgreen’s, CV, Eckerd, Osco, or any other pharmacy in town. You purchase airtime and run a commercial in which your customers talk into the camera, making such statements as, “I bought my Serevant asthma medicine for only $5.55 at this pharmacy, which is half the price of what I would have paid at any other pharmacy in town”. Needless to say, the owners of the other pharmacies are upset when they see your commercials, especially since their sales are plummeting and yours are rising as their customers go to your pharmacy instead of theirs. Therefore, your competitors contact the administrative agency which regulates your industry: The Arizona State Board of Pharmacy. They lobby the Board to pass an administrative regulation that prohibits pharmacies from advertising the price of drugs in their commercials. You decide to attend the meeting as well, to convince the Board members they should not pass such a regulation. What is your best argument:
(A) Although commercial speech is not protected by the First Amendment of the U.S. Constitution,
(B) Commercial speech is partially protected by the First Amendment of the U.S. Constitution. Because the information in your television commercials is true, the government cannot ban it.
(C) Offensive speech is fully protected by the First Amendment of the U.S. Constitution. It cannot be restricted by the government. Therefore, the board cannot ban your advertisements even though your competitors are offended by those advertisements.
(D) Commercial speech is fully protected by the First Amendment of the U.S. Constitution. It cannot be restricted by the government. Therefore, the board has no right to pass a rule that would restrict your ability to run such commercials.
Answer: B

You own a retail shop that sells casual clothing at the mall. Your store sells several lines of tee-shirts, which you purchase from various fashion designers. A new line of tee-shirts, from a designer called “S*!% Designs”, is very popular among your customers. This collection consists of plain, black shirts with four-letter words printed across the front in large, red, block letters. The S*!% Designs shirts are selling so well that you decide to move their rack right up to the front of the store, where they are the first thing that customers see when they walk in. This rack of shirts is also visible to everybody in the mall who walks past your store. A conservative member of the city council happens to be strolling through the mall with his young children and his elderly grandmother, and they walk past your store. This city councilmember finds the shirts on your front rack to be offensive, and he tells you that he is going to propose a resolution asking his fellow council members to pass an ordinance forbidding stores from selling any type of clothing that is printed with these types of four-letter words. You do not want the city to pass a law preventing your shop from selling these shirts, since they are a valuable source of income to you. Therefore, you decide to attend the city council meeting to plead your case and convince the other members of the council to vote in your favor, and vote against the man who was offended by your shop’s shirts. You are willing to negotiate with the city council members, party because you can understand why some mall patrons would be offended by the shirts, and partly because you’re willing to do anything to be able to keep selling these income-producing tee-shirts at your shop. What is a good argument for you to use when you speak at the city council meeting?
(A) Offensive speech is partially protected by the First Amendment of the U.S. Constitution. It cannot be totally banned by the government, although it can be restricted as to time, place and manner. Therefore, you are willing to move the offensive tee-shirts to the back of your store, so that the “place” is only visible to your store’s customers, rather than everybody in the mall who walks by your shop.
(B) Commercial speech is fully protected by the First Amendment of the U.S. Constitution. It cannot be restricted by the government. Therefore, the city council has no right to pass an ordinance that would restrict your ability to sell the S*!% Designs shirts.
(C) Offensive speech is fully protected by the First Amendment of the U.S. Constitution. It cannot be restricted by the government. Therefore, the city council has no right to pass an ordinance that would restrict your ability to sell the S*!% Designs shirts.
(D) None of the above.
Answer: A

You take a job as a loan officer at a mortgage company called O’Malley’s Mortgage Firm. The owner of the company, Stephanie O’Malley, instructs you to cold-call potential customers to convince them to refinance their home loans with this company. Ms. O’Malley gives you a script to read over the phone, but you find the script to be unethical because it forces you to make false promises in your sales pitch. You decide to quit this job, and you take a new job working for a much more ethical mortgage company down the street. Ms. O’Malley is angry that you quit working for her, and she makes up a story about you: She tells people in your industry that she fired you because she caught you stealing customer’s social security numbers and other confidential information. You decide to sue Ms. O’Malley for defamation. In her defense, she argues that she has First-Amendment free speech rights to say whatever she wants about anybody. What is your argument against her?
(A) Defamation, defined as an untrue statement about somebody’s character, is only partially protected speech, and it should not be protected in this case because it hurt your reputation.
(B) Commercial speech, which takes place in a business context, is not protected by the First Amendment of the U.S. Constitution. Therefore Ms. O’Malley’s comments about you are not entitled to First Amendment protection.
(C) Defamation, defined as an untrue statement about somebody’s character, is not protected speech, and therefore Ms. O’Malley cannot successfully claim that the First Amendment protects her in this matter.
(D) None of the above.
Answer: C