Mann_BLRB 9_TB_Ch04

Business Law and the Regulation of Business

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Chapter 4—Constitutional Law TRUE/FALSE 1. The Bill of Rights was included in the original U.S. Constitution. ANS: F MSC: AACSB Analytic 2. Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification. ANS: F MSC: AACSB Analytic 3. The fourth Congress approved ten amendments to the U.S. Constitution, now known as the Bill of Rights, which were adopted on December 15, 1799. ANS: F MSC: AACSB Analytic 4. The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution. ANS: T MSC: AACSB Analytic 5. Generally, the executive branch of government has the power to enforce the law. ANS: T MSC: AACSB Analytic 6. The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves. ANS: T MSC: AACSB Analytic 7. Action taken by private citizens may constitute state action if the state has encouraged the challenged private action. ANS: T MSC: AACSB Analytic 8. The federal government's authority to govern economic matters flows from the Commerce Clause. ANS: T MSC: AACSB Analytic 9. The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has re- stricted the powers of the federal government to regulate business. ANS: F MSC: AACSB Analytic 10. The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce. ANS: T MSC: AACSB Analytic 11. The First Amendment allows free speech in any and all circumstances.
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ANS: F MSC: AACSB Analytic 12. Judicial review is another phrase for an appeal of a lower court's judgment. ANS: F MSC: AACSB Analytic 13. The First Amendment guarantee of free speech applies not only to individuals but also to corporations. ANS: T MSC: AACSB Analytic 14. Under the Equal Protection Clause, all governmental action that treats two classes of citizens differ- ently will be invalid. ANS: F MSC: AACSB Analytic 15. Federalism is the division of governing power between the federal government and the states. ANS: T MSC: AACSB Analytic 16. Corporations have no right of free speech under the First Amendment. ANS: F MSC: AACSB Analytic 17. Judicial review is the process by which courts review governmental action to determine whether such actions conform to the U.S. Constitution. ANS: T MSC: AACSB Analytic 18. The federal government's power to tax has no limitations. ANS: F MSC: AACSB Analytic 19. The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts. ANS: T MSC: AACSB Analytic 20. The Bill of Rights applies directly to the states. ANS: F
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Mann_BLRB 9_TB_Ch04 - Chapter 4-Constitutional Law...

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