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LES 305 Exam 2: Koretz Questions and Correct
Answers/ Latest Update / Already Graded
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?
Ans: 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
Ans: 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
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a. except local business.
b. only if international trade is involved.
c. that affects interstate commerce.*
d.that the states do not regulate.
Ans: 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
Ans: 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.
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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.
Ans: 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
Ans: 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
Ans: FALSE
[That would discriminate against interstate commerce. See page 149-150.
SOURCE: Spring 2015 Exam.]
© 2025/ 2026 | ® All rights reserved
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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
Ans: 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
© 2025/ 2026 | ® All rights reserved
LES 305 Exam 2: Koretz Questions and Correct
Answers/ Latest Update / Already Graded
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?
Ans: 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
Ans: 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
© 2025/ 2026 | ® All rights reserved
, 2 | Page
a. except local business.
b. only if international trade is involved.
c. that affects interstate commerce.*
d.that the states do not regulate.
Ans: 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
Ans: 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.
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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.
Ans: 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
Ans: 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
Ans: FALSE
[That would discriminate against interstate commerce. See page 149-150.
SOURCE: Spring 2015 Exam.]
© 2025/ 2026 | ® All rights reserved
, 4 | Page
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
Ans: 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
© 2025/ 2026 | ® All rights reserved
