Exam 4: Constitutional Law for Business and E-Commerce

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day.Does the law violate the Constitution?

The existence of the Electoral College means that the president is not elected by the popular vote.

Because of the First Amendment,a city could not prohibit billboards along its highways for safety and aesthetic reasons.

Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers.In evaluating an equal protection challenge to this law,a court would use:

Assume that a federal regulation is adopted that requires bicycle manufacturers to disclose the weight of the largest frame size,fully equipped for riding,when they advertise the weight of a bicycle.If this requirement is challenged under freedom of speech,which of the following is most likely to occur?

What is the result of the "effects on interstate commerce" test?

Our country's form of government is known as federalism.

Commercial speech and offensive speech both receive full protection under the U.S.Constitution.

In the late 1990s,bicycle helmets became subject to federal regulation for the first time.Prior to the adoption of federal standards,manufacturers of bicycle helmets could get their helmets safety-certified by several private organizations.Manufacturers were not required to use any of these organizations,but most used at least one as part of their marketing.Assume that someone who is injured while wearing a bike helmet believes that a defect in the helmet's design contributed to the injuries sustained.Under what circumstances can this person bring a tort claim under state law?

The Privileges and Immunities Clause provides which of the following?

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states can:

Substantive due process requires that:

Assume that the state of Kansas passes a law requiring all inline skates sold in Kansas to have disc brakes.Assume that there are no federal regulations covering inline skate design.Assume also,that the required disc brakes would make inline skates easier to stop and thus safer,but that they would add considerably to the cost of the skates and require extensive changes in design to meet the Kansas requirements.Which of the following is most likely true?

The police power of a state gives the state much general authority to regulate business.

What sorts of things do the additional 17 Constitutional amendments cover?

Following the events of September 11,2001,the government took many actions directed at preventing acts of terrorism.One of the first and most visible was increased intensity of searches at airports.When government personnel do the screening,they are subject to the Equal Protection Clause.Should government screeners be able to search members of certain groups more rigorously than others? Is it constitutional to do so?

The first 10 amendments that were added to the U.S.Constitution are known as the Bill of Rights.

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.