BLW 302 Quiz 2 Exam 1

A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest. True False

False

Nonverbal expression of belief is not a constitutionally protected form of expression. True False

False

Only Congress may pass a law in conflict with the Constitution. True False

False

The rights secured by the Bill of Rights are absolute. True False

False

The Bill of Rights embodies the privileges and immunities of the citizens in the several states. a series of protections for the individual against government action. payment in the form of taxes by business entities to obtain certain rights. rights established under deeds, wills, contracts, and similar instruments.

a series of protections for the individual against government action.

Under the U.S. Constitution, Congress has the power to regulate every commercial enterprise in the United States. only local commercial enterprises. only intrastate commercial enterprises. only non-commercial activities.

every commercial enterprise in the United States.

Rory, the chief executive officer of Spout Off Inc., a website for short rants, claims that certain state and federal government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit only the conduct of corporations and other commercial entities. only the power of the federal government. federal and state actions. only the claims of individuals.

federal and state actions.

Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by none of the choices. any state. Congress. the President.

none of the choices.

The state of Florida can regulate building contractors and building codes in the state under its entitlement to full faith and credit. police powers. commerce power. system of checks and balances.

police powers.

The federal government has the power to regulate commercial activities among the states under the privileges and immunities clause. the First Amendment. the full faith and credit clause. the commerce clause.

the commerce clause.

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by Congress. the President. the courts. the administrative branch.

the courts.

A statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against the federal government's authority to regulate the matter. the purpose of interstate commerce. the statute's impact on noneconomic activity. the state's interest in regulating the matter.

the state's interest in regulating the matter.

A federal form of government is one in which the national government shares sovereign power with no one. the people. the national government. the states.

the states.

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by the privileges and immunities clause. the commerce clause. the full faith and credit clause. the supremacy clause.

the supremacy clause.

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates the supremacy clause. no provision in the U.S. Constitution.x the commerce clause.x the due process clause.

the supremacy clause.

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason. True False

False

A law that that limits a fundamental right may be held to violate substantive due process. True False

True

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states. True False

True

A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled. True False

False

Equal protection means that the government must treat all individuals the same. True False

False

If a restriction imposed on speech by the government is content neutral, then a court will not allow it. True False

False

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down. True False

False

Privacy rights receive no protection under federal law. True False

False

Procedural due process focuses on the content of legislation. True False

False

State governments do not have any authority to regulate interstate commerce. True False

False

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker. True False

False

The Fifth Amendment allows persons to be deprived of property without due process of law. True False

False

The U.S. Constitution divides powers among four branches of government. True False

False

The commerce clause has had no greater impact on business than any other provision in the Constitution. True False

False

The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders. True False

False

The free exercise clause prohibits the government from passing laws that have any impact on religion. True False

False

Under the privileges and immunities clause, the federal government has the power to regulate commercial activities among the states. True False

False

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid. True False

False

Corporations enjoy many of the same rights and privileges as natural persons do. True False

True

Local governments, including cities, exercise police powers. True False

True

Political speech by corporations falls within the protection of the First Amendment. True False

True

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states. True False

True

Speech can be subject to reasonable restrictions. True False

True

State regulatory powers are often referred to as police powers. True False

True

The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights. True False

True

The dormant commerce clause comes into play when state regulations affect interstate commerce. True False

True

The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights. True False

True

The national government has the implied power to undertake actions necessary to carry out its expressly designated powers. True False

True

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches. True False

True

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution. True False

True

When religious practices work against public policy, the government can act. True False

True

Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected all of the time. only if there are no accompanying ads. only if the threats can be verified. none of the time.

none of the time.

A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law prescribes much lower limits. Under the U.S. Constitution the rule and the law apply equally. the federal rule takes precedence. the state law takes precedence. the rule and the law are invalid.

the federal rule takes precedence.

The term checks and balances refers to the system under which the national government regulates interstate commerce. a state must refrain from imposing unreasonable burdens on citizens of another state. the powers of government are divided among its branches, each of which exercises a check on the actions of the others. any judicial decision with respect to property rights in one state will be honored and enforced in all states.

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of Congress. the states. the President. the courts.

the states.