LES 305 Exam 2: Koretz questions well
answered to pass
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? - correct answer ✔✔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 - correct answer ✔✔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. - correct answer ✔✔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 - correct answer ✔✔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. - correct answer ✔✔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 - correct answer ✔✔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 -
correct answer ✔✔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 - correct answer ✔✔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 - correct answer ✔✔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.*
b. Any states in which LL Bean does business can tax the warehouse inventory.
c. Any states in which LL Bean has warehouses can tax LL Bean on its entire inventory in any state.
d. None of the above. - correct answer ✔✔Any state in which LL Bean has warehouses can tax LL Bean
on the inventory in that particular state.*
answered to pass
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? - correct answer ✔✔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 - correct answer ✔✔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. - correct answer ✔✔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 - correct answer ✔✔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. - correct answer ✔✔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 - correct answer ✔✔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 -
correct answer ✔✔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 - correct answer ✔✔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 - correct answer ✔✔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.*
b. Any states in which LL Bean does business can tax the warehouse inventory.
c. Any states in which LL Bean has warehouses can tax LL Bean on its entire inventory in any state.
d. None of the above. - correct answer ✔✔Any state in which LL Bean has warehouses can tax LL Bean
on the inventory in that particular state.*
