BLAW 341 EXAM 1 2026 PRACTICE TEST
QUESTIONS AND DETAILED CASE LAW
BREAKDOWN FULL REVIEW
◉ The Commerce Clause: The US Constitution gives congress the
power to regulate Commerce with? (3)
What does this power include? Answer: 1. Foreign nations
2. Among states
3. With the Indian tribes
This power includes the power to regulate any intrastate commerce
that SUBSTANTIALLY AFFECTS interstate commerce.
◉ What has the greatest impact on business than any other
constitutional provision? Answer: The Commerce Clause
◉ Theoretically, the Commerce Clause applies to _________________
Answer: Virtually all commercial transactions
◉ Police Powers: powers possessed by the states as part of their
inherent sovereignty
1. When can these powers be exercised?
,2. Constitutional basis? Answer: 1. These powers may be exercised
to protect or promote the public order, health, safety, morals, and
general welfare
2. Constitutional basis for enacting numerous laws that regulate
business activities (zoning, licensing, ect.)
◉ What if theres no conflict between state and federal laws? What if
there is? Answer: If there is NO conflict, there can be state and
federal laws coexisting on the same issues; if there IS conflict the
federal government rules
◉ The Supremacy Clause Answer: Establishes that the US
Constitution, treaties, federal laws, and federal regulations are the
supreme (highest) law of the land (Article VI of the Constitution)
◉ Preemption: a doctrine under which certain federal laws preempt,
or take precedence over, conflicting state or local laws
1. When does this occur? What does it need?
2. Takes precedent over something in the what? Answer: 1. Occurs
when Congress chooses to act exclusively in a concurrent area, need
congressional intent ex: If a huge toxic spill occurs and it affects
multiple states, then the federal law comes into play. This means that
the federal law is the highest ranking law in that area.
,2. A valid federal statue or regulation will take precedent over a
conflicting state or local law in the same general subject ex: Texas
lawmakers passed a law that allowed police to ask an individual
about his/her immigration status. However, a federal judge in Texas
ruled the law unconstitutional because only the federal government
has the power to deal with immigration.
◉ The Bill of Rights (2nd major function of US Constitution)
1. The first Congress of the United States enacted 12 Amendments to
the US Constitution that ______________
2. First 10 known as? Adopted when?
3. Are the BOR absolute?
4. Applies to _________ (not private) Answer: 1. The first Congress of
the US enacted 12 Amendments to the US Constitution that limits
governmental intrusion on individual rights
2. First 10 of these known as the Bill of Rights. Adopted by the states
in 1791.
3. The BOR are not absolute. The government can pass laws to limit
some of our rights.
4. Applies to state actors (not private)
◉ Business and the Bill of Rights:
These are the amendments that affect business the most
1. 1st?
, 2. 1st?
3. 5th and 14th?
4. 14th? Answer: 1. Freedom of Speech
2. Freedom of Religion
3. Process of Law
4. Equal Protection of the Laws
◉ Freedom of Speech:
1. 1st amendment = (4)
2. How do democratic governments flourish?
3. What is "symbolic speech"? Ex?
4. Explain "reasonable restrictions" Answer: 1. (1)Speech
(2)Religion (3)Peaceful Assembly (4)Petition of Government
2. Democratic governments flourish through robust participation by
its citizens/residents
3. Free speech includes nonverbal expressions of belief, known as
"symbolic speech." Includes gestures, movement, articles of clothing,
and other forms of expressive conduct ex: Flag burning, although
controversial, is still legal under this definition
QUESTIONS AND DETAILED CASE LAW
BREAKDOWN FULL REVIEW
◉ The Commerce Clause: The US Constitution gives congress the
power to regulate Commerce with? (3)
What does this power include? Answer: 1. Foreign nations
2. Among states
3. With the Indian tribes
This power includes the power to regulate any intrastate commerce
that SUBSTANTIALLY AFFECTS interstate commerce.
◉ What has the greatest impact on business than any other
constitutional provision? Answer: The Commerce Clause
◉ Theoretically, the Commerce Clause applies to _________________
Answer: Virtually all commercial transactions
◉ Police Powers: powers possessed by the states as part of their
inherent sovereignty
1. When can these powers be exercised?
,2. Constitutional basis? Answer: 1. These powers may be exercised
to protect or promote the public order, health, safety, morals, and
general welfare
2. Constitutional basis for enacting numerous laws that regulate
business activities (zoning, licensing, ect.)
◉ What if theres no conflict between state and federal laws? What if
there is? Answer: If there is NO conflict, there can be state and
federal laws coexisting on the same issues; if there IS conflict the
federal government rules
◉ The Supremacy Clause Answer: Establishes that the US
Constitution, treaties, federal laws, and federal regulations are the
supreme (highest) law of the land (Article VI of the Constitution)
◉ Preemption: a doctrine under which certain federal laws preempt,
or take precedence over, conflicting state or local laws
1. When does this occur? What does it need?
2. Takes precedent over something in the what? Answer: 1. Occurs
when Congress chooses to act exclusively in a concurrent area, need
congressional intent ex: If a huge toxic spill occurs and it affects
multiple states, then the federal law comes into play. This means that
the federal law is the highest ranking law in that area.
,2. A valid federal statue or regulation will take precedent over a
conflicting state or local law in the same general subject ex: Texas
lawmakers passed a law that allowed police to ask an individual
about his/her immigration status. However, a federal judge in Texas
ruled the law unconstitutional because only the federal government
has the power to deal with immigration.
◉ The Bill of Rights (2nd major function of US Constitution)
1. The first Congress of the United States enacted 12 Amendments to
the US Constitution that ______________
2. First 10 known as? Adopted when?
3. Are the BOR absolute?
4. Applies to _________ (not private) Answer: 1. The first Congress of
the US enacted 12 Amendments to the US Constitution that limits
governmental intrusion on individual rights
2. First 10 of these known as the Bill of Rights. Adopted by the states
in 1791.
3. The BOR are not absolute. The government can pass laws to limit
some of our rights.
4. Applies to state actors (not private)
◉ Business and the Bill of Rights:
These are the amendments that affect business the most
1. 1st?
, 2. 1st?
3. 5th and 14th?
4. 14th? Answer: 1. Freedom of Speech
2. Freedom of Religion
3. Process of Law
4. Equal Protection of the Laws
◉ Freedom of Speech:
1. 1st amendment = (4)
2. How do democratic governments flourish?
3. What is "symbolic speech"? Ex?
4. Explain "reasonable restrictions" Answer: 1. (1)Speech
(2)Religion (3)Peaceful Assembly (4)Petition of Government
2. Democratic governments flourish through robust participation by
its citizens/residents
3. Free speech includes nonverbal expressions of belief, known as
"symbolic speech." Includes gestures, movement, articles of clothing,
and other forms of expressive conduct ex: Flag burning, although
controversial, is still legal under this definition
