Question 1

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

Accepted Answer

A)   ​an unconstitutional restriction of speech.
B)   ​constitutional under the First Amendment.
C)   ​justified by the need to protect individual rights.
D)   ​necessary to protect national interests.E) All of the above
F) B) and C)

Question 2

Federal legislation can affect how businesses compete.

Accepted Answer

A) True 
 B)False

Question 3

A decision by the federal Environmental Protection Agency (EPA)  on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Accepted Answer

A)   ​both the decision and the law are invalid.
B)   ​both the decision and the law apply concurrently.
C)   ​California's law takes precedence.
D)   ​the EPA's decision takes precedence.E) None of the above
F) All of the above

Question 4

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the states.

Accepted Answer

A) True 
 B)False

Question 5

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Accepted Answer

A)  Congress writes checks and the other branches balance the budget.
B)  each branch has some power to limit the actions of the others.
C)  the courts balance their authority to the other branches’ checklists.
D)  the president “checks” the courts, which “balance” the laws.E) All of the above
F) A) and B)

Question 6

The establishment clause requires a complete separation of church and state.

Accepted Answer

A) True 
 B)False

Question 7

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

Accepted Answer

A)   ​is expressly prohibited by the Constitution.
B)   ​does no substantially burden free speech.
C)   ​is subject to reasonable restrictions under the due process clause.
D)   ​is given strict scrutiny under the equal protection clause.E) B) and C)
F) A) and B)

Question 8

Bob, the president of Commerce & Trade, Inc., claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

Accepted Answer

A)   ​none of the choices.
B)   ​the federal government.
C)   ​private citizens and corporations.
D)   ​the states.E) A) and B)
F) A) and C)

Question 9

The national government can regulate almost every commercial enterprise in the United States.

Accepted Answer

A) True 
 B)False

Question 10

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Accepted Answer

A)   ​Congress.
B)   ​a federal court.
C)   ​the President.
D)   ​none of the choices.E) None of the above
F) A) and D)

Question 11

Under the Constitution, the judicial branch interprets the laws.

Accepted Answer

A) True 
 B)False

Question 12

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

Accepted Answer

A)   ​dormant aspect.
B)   ​regulatory aspect.
C)   ​substantive aspect.
D)   ​exclusive aspect.E) None of the above
F) A) and B)

Question 13

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Accepted Answer

A) True 
 B)False

Question 14

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Accepted Answer

A)   ​all of the time.
B)   ​none of the time.
C)   ​only if it is noncommercial.
D)   ​only if it is symbolic..E) C) and D)
F) A) and C)

Question 15

Some constitutional protections apply to business entities.

Accepted Answer

A) True 
 B)False  True

Question 16

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

Accepted Answer

A)   ​equally extensive.
B)   ​less extensive.
C)   ​more extensive.
D)   ​non-existent.E) B) and D)
F) None of the above D

Question 17

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

Accepted Answer

A)   ​all of the time.
B)   ​none of the time.
C)   ​only if it is noncommercial.
D)   ​only if it is symbolic.E) B) and C)
F) None of the above

Question 18

In a federal form of government, the national government does not share sovereign power with the states.

Accepted Answer

A) True 
 B)False

Question 19

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

Accepted Answer

A)   ​the courts' authority to determine that a law is unconstitutional.
B)   ​the purpose of interstate commerce.
C)   ​the state's interest in regulating the matter.
D)   ​the statute's impact on noneconomic activity.E) A) and D)
F) None of the above

Question 20

The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?​

Accepted Answer

GMI and HDTV cannot be convicted because a state legislature cannot enact a statute that restricts commercial speech (in this problem, marketing video games) to this extent. The First Amendment protects commercial speech.
Commercial speech is not protected as much as noncommercial speech, however, so states can place some restraints on the former. For example, to protect consumers, a state may ban certain kinds of marketing practices, such as deceptive or misleading advertising. Generally, a restriction on commercial speech will be considered valid as long as it (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish the objective. Here, the complete ban on video ads "because the games might be harmful to minors" is too restrictive: it goes too far in attempting to protect minors for an apparently unsubstantiated purpose.

Exam 2: Constitutional Law

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

Correct Answer
verified

Federal legislation can affect how businesses compete.

Correct Answer
verified

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Correct Answer
verified

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the states.

Correct Answer
verified

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Correct Answer
verified

The establishment clause requires a complete separation of church and state.

Correct Answer
verified

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

Correct Answer
verified

Bob, the president of Commerce & Trade, Inc., claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

Correct Answer
verified

The national government can regulate almost every commercial enterprise in the United States.

Correct Answer
verified

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Correct Answer
verified

Under the Constitution, the judicial branch interprets the laws.

Correct Answer
verified

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

Correct Answer
verified

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Correct Answer
verified

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Correct Answer
verified

Some constitutional protections apply to business entities.

Correct Answer
verified
True

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

Correct Answer
verified
D

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

Correct Answer
verified

In a federal form of government, the national government does not share sovereign power with the states.

Correct Answer
verified

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

Correct Answer
verified

Exam 2: Constitutional Law

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

Correct AnswerverifiedShow Answer

Federal legislation can affect how businesses compete.

Correct AnswerverifiedShow Answer

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Correct AnswerverifiedShow Answer

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the states.

Correct AnswerverifiedShow Answer

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Correct AnswerverifiedShow Answer

The establishment clause requires a complete separation of church and state.

Correct AnswerverifiedShow Answer

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

Correct AnswerverifiedShow Answer

Bob, the president of Commerce & Trade, Inc., claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

Correct AnswerverifiedShow Answer

The national government can regulate almost every commercial enterprise in the United States.

Correct AnswerverifiedShow Answer

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Correct AnswerverifiedShow Answer

Under the Constitution, the judicial branch interprets the laws.

Correct AnswerverifiedShow Answer

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

Correct AnswerverifiedShow Answer

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Correct AnswerverifiedShow Answer

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Correct AnswerverifiedShow Answer

Some constitutional protections apply to business entities.

Correct AnswerverifiedTrue

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

Correct AnswerverifiedD

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

Correct AnswerverifiedShow Answer

In a federal form of government, the national government does not share sovereign power with the states.

Correct AnswerverifiedShow Answer

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

Correct AnswerverifiedShow Answer

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True

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D

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