National American University

BUSINESS L 3100

Chapter 4-THE CONSTITUTION AS THE FOUNDATION OF THE LEGAL ENVIRONMENT

TRUE/FALSE

1)In a federal system, a central government is given power to act nationally, while states administer to local concerns.

 

                                           

 

2. A constitution is the written document that establishes the structure of the government and its relationship to the people.

 

                                           

 

3. The United States utilizes a tripartite division of government.

 

                                           

 

4. The powers given by the federal government to the states are described as delegated powers.

 

                                           

 

5. Some of the powers delegated to the national government still may be exercised by the states.

 

                                           

 

6. The power of the states to adopt laws to protect the general welfare of the people is called police power.

 

                                           

 

7. Ex post facto laws can be adopted by either states or the national government.

 

                                           

 

8. The Constitution took certain powers away from the national government and gave them to the state governments.

 

                                           

 

9. Silence of Congress indicates that Congress is unwilling to make changes to an existing law.

 

                                           

 

10. When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause.

 

                                           

 

11. ”Preemption” means that the federal regulatory scheme is controlling.

 

12. The Constitution may be amended, but it always has been interpreted in the same way.

 

                                           

 

13. Changes to the Constitution have been brought about by interpretation, amendment, and practice.

 

                                           

 

14. Under the "bedrock view," the purpose of a constitution is to state certain fundamental principles for all time.

 

                                           

 

15. For the past century, the United States Supreme Court has generally followed the "living document" view in interpreting the Constitution.

 

                                           

 

16. The greatest change to the Constitution has been made by the United States Supreme Court through interpretation.

 

                                           

 

17. Many changes have been made to the Constitution by the constitutional method of amending.

 

                                           

 

18. One of the characteristics of the “living” Constitution is limited government.

 

                                           

 

19. When it comes to the constitution, stability is more important than flexibility.

 

                                           

 

20. The living Constitution has as a characteristic a strong president.

 

                                           

 

21. When we speak of government regulation of business we ordinarily mean state government regulation, not federal government intervention.

 

                                           

 

22. Administrative agencies are, in effect, a fourth branch of the government.

 

                                           

 

23. Because the power to regulate interstate commerce has been interpreted broadly, Congress has great power to adopt regulatory laws affecting the economy.

 

24. Pursuant to the commerce clause, the United States Supreme Court has the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

 

                                           

 

25. When the federal government deregulates an industry, the states automatically have the power to regulate the same industry.

 

                                           

 

26. The states may coin money as long as it is backed by gold.

 

                                           

 

27. The Fifth and Fourteenth Amendments prohibit the national and state governments from depriving any person of property without due process of law.

 

                                           

 

28. The Constitution prohibits state governments from denying any person the equal protection of the law.

 

                                           

 

29. The Constitution prohibits discrimination based on reasonable classification.

 

                                           

 

30. The purpose of the first ten amendments to the Constitution was to enlarge the power of the federal government.

 

                                           

 

31. All current rights against governmental intrusion are expressly stated in the Constitution.

 

                                           

 

32. The Bill of Rights provides protection for corporations.

 

                                           

 

MULTIPLE CHOICE

 

1. A system in which a central government is given power to administer to national concerns and individual states administer to local concerns is called:
   1. bicameral.
   2. constitutional.
   3. federal.
   4. tripartite.

                                           

2. The U.S. Constitution:
   1. is unwritten.
   2. was brought over from England in its entirety.
   3. is a written document that specifies the structure of the government.
   4. prohibits the states from having their own constitutions.         
3. The legislative branch of government has the function of:
   1. making laws.
   2. executing the laws.
   3. interpreting the laws.
   4. all of the above.

                                           

 

4. Judges of the United States:
   1. are appointed by the president, with the approval of the Senate.
   2. are appointed by the Senate, with the approval of the president.
   3. cannot be impeached.
   4. are elected by the public.

                                           

 

5. A law to declare war:
   1. can be enacted by both state and federal governments.
   2. can be enacted only by the national government.
   3. can be enacted only by state governments.

ddd.   is prohibited by the U.S. Constitution.          

6. The power to tax income:
   1. is possessed only by the federal government.
   2. is possessed only by state governments.
   3. may be exercised concurrently by both state and federal governments.
   4. is controlled exactly like the power to wage war.          
7. Federal supremacy refers to:
   1. the power of the President.
   2. the power of the Supreme Court to make decisions.
   3. the power of the federal government to legislate in certain areas.
   4. all of the above.

                                           

 

8. Federal law                          conflicting state regulation when a federal law regulates that particular subject.
   1. coincides with
   2. is subordinate to
   3. parallels
   4. preempts

                                           

9. The U.S. Constitution is a document that:
   1. is clear in allocating the rights and responsibilities of people and our government.
   2. can be interpreted only according to the bedrock principles of 1776.
   3. can be interpreted only in accordance with current values.
   4. must be interpreted to accommodate both stability and flexibility.      
10. The U.S. Constitution has been amended:
    1. only expressly.
    2. only by interpretation.
    3. only by practice.
    4. by all of the ways listed above.

                                           

 

11. The greatest changes to the written Constitution have been brought about by:
    1. departure by treaty.
    2. judicial interpretation.
    3. constitutional amendment.
    4. amendment by practice.

                                           

 

12. When the president negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is:
    1. an express Constitutional amendment.
    2. an amendment by judicial interpretation.
    3. an amendment by practice.
    4. the power of manifest destiny.

                                           

 

13. The "living” Constitution has which of the following characteristics?
    1. strong federal government
    2. strong president
    3. various administrative agencies with significant power
    4. all of the above

                                           

 

14. Which of the following is not characteristic of the “living” Constitution?
    1. strong government
    2. strong President
    3. administrative agencies
    4. states' powers equal to federal powers           
15. Which of the following is true about administrative agencies?
    1. Administrative agencies exercise powers guaranteed to them in the U.S. Constitution.
    2. Administrative agencies exercise powers allocated to them by the president.
    3. Administrative agencies make decisions that are rarely reviewed by the courts.
    4. Administrative agencies make decisions that are effectively reviewed by voters.

                                           

 

16. The commerce clause of the Constitution:
    1. prohibits the U.S. government from engaging in interstate commerce.
    2. prohibits the U.S. government from regulating interstate commerce.
    3. has been expanded by Supreme Court interpretations to give the U.S. government the power to regulate the general welfare of the nation.
    4. was declared unconstitutional in 1937.             
17. Within the past five years, the U.S Supreme Court has:
    1. placed some limitations on the commerce clause.
    2. increased Congressional authority for all activities that have economic impact.
    3. given states the ability to override the federal government on interstate commerce issues.
    4. all of the above

                                           

 

18. Which of the following statements regarding the commerce clause is FALSE?
    1. If the federal government establishes safety device regulations for interstate carriers, a state cannot require different devices.
    2. States may not use their tax power for the purpose of discriminating against interstate commerce.
    3. The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations.
    4. A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors.

                                           

 

19. Which of the following powers is not reserved solely to the national government?
    1. power to regulate interstate commerce
    2. power to tax
    3. power to coin money
    4. power to borrow money on the credit of the United States    
20. The due process clause:
    1. allows the U.S. government to take private property without due process.
    2. allows a state to take private property without due process.
    3. provides a guarantee of protection against loss of rights or property without the chance to be heard.
    4. does not apply to state governments.            
21. The concept of equal protection of the law:
    1. applies to both state and federal governments.
    2. prohibits any classifications whatsoever.
    3. applies only to conduct by private parties.
    4. does not permit reasonable classifications.