LES 305 Clark ASU Exam 2 Practice Test –
Constitutional Law & Commerce Clause
questions with solutions
1. No branch of government can exercise the authority of another
branch. Also, each branch has some power to limit the actions of the
other two branches; this scheme creates a system of checks and
balances.
A. True
B. False
Correct Answer: A — True
Rationale: This describes the constitutional principle of separation of
powers with checks and balances.
2. You play football for the Tempe Moons, last year's winners of the
Super Bowl. The Tempe Moons are a member of the National Football
League (NFL), a private organization. One requirement is that all NFL
players, coaches, and other members of the team stand and act in a
,dignified manner while the national anthem is played before the game
begins. You decide not to stand due to your religion. Other players are
members of your religion and they stand. The NFL suspends you from
further play due to your failure to stand. You want your job back.
A. Your First Amendment rights have been violated
B. Your religious freedom has been violated
C. No constitutional rights have been violated since the NFL is a private
organization
D. The NFL must reinstate you under the Free Exercise Clause
Correct Answer: C — No constitutional rights have been violated since
the NFL is a private organization
Rationale: Constitutional rights generally protect against government
action, not private organization action.
3. Under the Commerce Clause, the federal government has the right to
regulate any area of business:
A. Except local business
B. Only if international trade is involved
,C. That affects interstate commerce
D. That the states do not regulate
Correct Answer: C — That affects interstate commerce
Rationale: The Commerce Clause grants Congress power to regulate
commerce among the several states.
4. The United States Supreme Court determined that the Violence
Against Women's Act exceeded Congressional authority to regulate
commerce under the Commerce Clause in U.S. v. Morrison because
violence is not an economic activity.
A. True
B. False
Correct Answer: A — True
Rationale: The Court held that violence is not an economic activity and
thus cannot be regulated under the Commerce Clause.
5. Ollie's Barbeque is a family-owned restaurant in Birmingham,
Alabama with a seating capacity of 220 customers. It is located on a
state highway which is 11 blocks from an interstate highway. A sign in
, the restaurant provides that take-out service only is available for
African Americans. Congress passed the Civil Rights Act in 1964, which
prohibited this type of discrimination. Ollie's purchases about $150,000
annually from a local restaurant supplier and 46% that amount is from
out-of-state distributors. Will the Commerce Clause permit the
application of the Civil Rights Act to Ollie's?
A. No, because Ollie's is a local restaurant
B. Yes, because Ollie's purchases a significant quantity of goods that
originate out of state
C. No, because the restaurant is not on an interstate highway
D. Yes, because the restaurant has 220 seats
Correct Answer: B — Yes, because Ollie's purchases a significant
quantity of goods that originate out of state
Rationale: The discriminatory conduct impacts interstate commerce
due to out-of-state purchases.
Constitutional Law & Commerce Clause
questions with solutions
1. No branch of government can exercise the authority of another
branch. Also, each branch has some power to limit the actions of the
other two branches; this scheme creates a system of checks and
balances.
A. True
B. False
Correct Answer: A — True
Rationale: This describes the constitutional principle of separation of
powers with checks and balances.
2. You play football for the Tempe Moons, last year's winners of the
Super Bowl. The Tempe Moons are a member of the National Football
League (NFL), a private organization. One requirement is that all NFL
players, coaches, and other members of the team stand and act in a
,dignified manner while the national anthem is played before the game
begins. You decide not to stand due to your religion. Other players are
members of your religion and they stand. The NFL suspends you from
further play due to your failure to stand. You want your job back.
A. Your First Amendment rights have been violated
B. Your religious freedom has been violated
C. No constitutional rights have been violated since the NFL is a private
organization
D. The NFL must reinstate you under the Free Exercise Clause
Correct Answer: C — No constitutional rights have been violated since
the NFL is a private organization
Rationale: Constitutional rights generally protect against government
action, not private organization action.
3. Under the Commerce Clause, the federal government has the right to
regulate any area of business:
A. Except local business
B. Only if international trade is involved
,C. That affects interstate commerce
D. That the states do not regulate
Correct Answer: C — That affects interstate commerce
Rationale: The Commerce Clause grants Congress power to regulate
commerce among the several states.
4. The United States Supreme Court determined that the Violence
Against Women's Act exceeded Congressional authority to regulate
commerce under the Commerce Clause in U.S. v. Morrison because
violence is not an economic activity.
A. True
B. False
Correct Answer: A — True
Rationale: The Court held that violence is not an economic activity and
thus cannot be regulated under the Commerce Clause.
5. Ollie's Barbeque is a family-owned restaurant in Birmingham,
Alabama with a seating capacity of 220 customers. It is located on a
state highway which is 11 blocks from an interstate highway. A sign in
, the restaurant provides that take-out service only is available for
African Americans. Congress passed the Civil Rights Act in 1964, which
prohibited this type of discrimination. Ollie's purchases about $150,000
annually from a local restaurant supplier and 46% that amount is from
out-of-state distributors. Will the Commerce Clause permit the
application of the Civil Rights Act to Ollie's?
A. No, because Ollie's is a local restaurant
B. Yes, because Ollie's purchases a significant quantity of goods that
originate out of state
C. No, because the restaurant is not on an interstate highway
D. Yes, because the restaurant has 220 seats
Correct Answer: B — Yes, because Ollie's purchases a significant
quantity of goods that originate out of state
Rationale: The discriminatory conduct impacts interstate commerce
due to out-of-state purchases.
