LES 305 Exam 2: Koretz QUESTIONS & ANSWERS
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. TRUE OR FALSE? - with Answers:True
You play football for the Tempe Moons, last year's winners of the Super Bowl. The Tempe
Moons are a member of the NFL, a private org. 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 game begins. You decide not to stand due to your religion.
Other players are members of your religion and they stand. The NFL suspends from further play
play due to your failure to stand. You want your job back.
A. You are entitled to your job because the NFL violated your First Amendment rights
prohibiting the establishment of religion.
B. You are entitled to your job because the NFL violated your First Amendment rights since
your freedom of religion is protected.
C. You are entitled to your job because the NFL violated your First Amendment rights since
your freedom of expression was violated.
D. No constitutional righ - with Answers:D. No constitutional rights have been violated since the
NFL is a private organization. [NOTE: The NFL is not the government. Your rights under the
Constitution are only effective against the government. See the top of page 143, which states that
the protections under the Bill of Rights apply to federal and state governmental activities.]
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. - with Answers:that affects interstate commerce.[NOTE: This is
the power to regulate transactions "among the several states under the commerce clause". See
page 143-144.]
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. TRUE OR FALSE - with Answers:TRUE [Note:
The dissent clearly described an economic impact, but the majority stated that only economic
activity may be regulated. Rape is not an economic activity, so the federal government has no
right to regulate it. See page 144.]
1. 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. There is no interstate commerce, so Congress may not regulate.
b. No. There is no economic activity.
c. Yes. Ollie's purchases a significant quantity of goods that originate out of state, so the
discriminatory conduct impacts interstate commerce.
d. Yes. There is no economic activity that impacts interstate commerce. - with Answers:Yes.
Ollie's purchases a significant quantity of goods that originate out of state, so the discriminatory
conduct impacts interstate commerce. [Note: This was one of the first cases challenging the Civil
rights Act of 1964. Ollie's was engaged in an economic activity and there was an impact on
interstate commerce so the federal government could regulate discrimination under the Civil
Rights Act. See page 146.]
1. What authority would the state of Arizona claim for passing a mandatory seat belt law
requiring anyone traveling in Arizona to put on his or her seat belt?
a. preemption clause
b. the nexus power
c. police power
d. none of the above - with Answers:police power*
[NOTE: Police power is given to state governments to regulate the health, safety and morals of
those within its boundaries. See page 147.]
, In January 2015, the Super Bowl was held at the University of Phoenix Stadium in Glendale,
Arizona. The state of Arizona could tax patrons who reside in states other than Arizona who are
visiting Arizona hotels at a rate that is higher than the tax rate assessed against patrons who are
from Arizona. TRUE OR FALSE - with Answers:FALSE
[That would discriminate against interstate commerce. See page 149-150. SOURCE: Spring
2015 Exam.]
1. The requirements to impose a valid state tax that is levied upon goods originating out of state
include
a. The tax cannot discriminate against interstate commerce.
b. The tax cannot be an undue burden on interstate commerce.
c. There must be a "sufficient nexus" between the state and the business being taxed [Examples:
Does business there, holds property titles there, manufactures there, inventory stored there]
d. The tax must be apportioned fairly.
e. All of the above care correct - with Answers:e. All of the above are correct
1. Pen Corporation is a Delaware corporation with offices and warehouses in Arizona and
California. Pen owns no property in North Carolina and has no employees in North Carolina. Pen
sells office supplies via catalog. North Carolina imposed a retail use tax on Pen on sales to North
Carolina residents. Is this tax valid?
a. Yes. Pen purposefully directed its activities at North Carolina and could be required to pay
taxes.*
b. Yes. The United States Constitution expressly provides for states to tax goods as they use fit.
c. No. The tax is an undue burden on interstate commerce.
No. It violates the Due Process Clause of the Constitution - with Answers:Yes. The United States
Constitution expressly provides for states to tax goods as they use fit.
[Note: Review the BarnesandNoble case on pages 150-151 for a similar fact pattern.]
1. LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North
Dakota.
a. Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that
particular state.*
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. TRUE OR FALSE? - with Answers:True
You play football for the Tempe Moons, last year's winners of the Super Bowl. The Tempe
Moons are a member of the NFL, a private org. 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 game begins. You decide not to stand due to your religion.
Other players are members of your religion and they stand. The NFL suspends from further play
play due to your failure to stand. You want your job back.
A. You are entitled to your job because the NFL violated your First Amendment rights
prohibiting the establishment of religion.
B. You are entitled to your job because the NFL violated your First Amendment rights since
your freedom of religion is protected.
C. You are entitled to your job because the NFL violated your First Amendment rights since
your freedom of expression was violated.
D. No constitutional righ - with Answers:D. No constitutional rights have been violated since the
NFL is a private organization. [NOTE: The NFL is not the government. Your rights under the
Constitution are only effective against the government. See the top of page 143, which states that
the protections under the Bill of Rights apply to federal and state governmental activities.]
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. - with Answers:that affects interstate commerce.[NOTE: This is
the power to regulate transactions "among the several states under the commerce clause". See
page 143-144.]
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. TRUE OR FALSE - with Answers:TRUE [Note:
The dissent clearly described an economic impact, but the majority stated that only economic
activity may be regulated. Rape is not an economic activity, so the federal government has no
right to regulate it. See page 144.]
1. 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. There is no interstate commerce, so Congress may not regulate.
b. No. There is no economic activity.
c. Yes. Ollie's purchases a significant quantity of goods that originate out of state, so the
discriminatory conduct impacts interstate commerce.
d. Yes. There is no economic activity that impacts interstate commerce. - with Answers:Yes.
Ollie's purchases a significant quantity of goods that originate out of state, so the discriminatory
conduct impacts interstate commerce. [Note: This was one of the first cases challenging the Civil
rights Act of 1964. Ollie's was engaged in an economic activity and there was an impact on
interstate commerce so the federal government could regulate discrimination under the Civil
Rights Act. See page 146.]
1. What authority would the state of Arizona claim for passing a mandatory seat belt law
requiring anyone traveling in Arizona to put on his or her seat belt?
a. preemption clause
b. the nexus power
c. police power
d. none of the above - with Answers:police power*
[NOTE: Police power is given to state governments to regulate the health, safety and morals of
those within its boundaries. See page 147.]
, In January 2015, the Super Bowl was held at the University of Phoenix Stadium in Glendale,
Arizona. The state of Arizona could tax patrons who reside in states other than Arizona who are
visiting Arizona hotels at a rate that is higher than the tax rate assessed against patrons who are
from Arizona. TRUE OR FALSE - with Answers:FALSE
[That would discriminate against interstate commerce. See page 149-150. SOURCE: Spring
2015 Exam.]
1. The requirements to impose a valid state tax that is levied upon goods originating out of state
include
a. The tax cannot discriminate against interstate commerce.
b. The tax cannot be an undue burden on interstate commerce.
c. There must be a "sufficient nexus" between the state and the business being taxed [Examples:
Does business there, holds property titles there, manufactures there, inventory stored there]
d. The tax must be apportioned fairly.
e. All of the above care correct - with Answers:e. All of the above are correct
1. Pen Corporation is a Delaware corporation with offices and warehouses in Arizona and
California. Pen owns no property in North Carolina and has no employees in North Carolina. Pen
sells office supplies via catalog. North Carolina imposed a retail use tax on Pen on sales to North
Carolina residents. Is this tax valid?
a. Yes. Pen purposefully directed its activities at North Carolina and could be required to pay
taxes.*
b. Yes. The United States Constitution expressly provides for states to tax goods as they use fit.
c. No. The tax is an undue burden on interstate commerce.
No. It violates the Due Process Clause of the Constitution - with Answers:Yes. The United States
Constitution expressly provides for states to tax goods as they use fit.
[Note: Review the BarnesandNoble case on pages 150-151 for a similar fact pattern.]
1. LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North
Dakota.
a. Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that
particular state.*
