Chapter 4

The commerce clause of the U.S. Constitution is found in

Article I, Section 8.

A law that has any impact on religion is unconstitutional.

False

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

False

A law that limits the liberty of all persons may violate substantive due process.

False

Under their police powers, states can regulate only public activities, such as political demonstrations.

False

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

an unconstitutional restriction of speech.

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

each branch has some power to limit the actions of the others.

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

none of the time.

A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of

the due process clause.

To reduce traffic, Harbor Town enacts an ordinance that allows only a few street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

the equal protection clause.

Oklahoma enacts a law requiring all businesses in the state to donate 10 per-cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause.

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

the federal government only.

A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

False

Because the Constitution does not specifically a right to privacy, this right is denied to people.

False

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

False

The First Amendment protects defamatory speech.

False

The First Amendment requires a complete separation of church and state.

False

The President determines the jurisdiction of the federal courts.

False

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

False

The terms "due process" and "equal protection" mean the same thing.

False

Under the Constitution, the judicial branch is responsible for foreign affairs.

False

Which of the following does not necessarily make material obscene?

The work shows animals mating.

A confederal form of government is a confederation of independent states with a central government of very limited powers.

True

A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.

True

All powers not specifically delegated to the federal government are reserved to the states.

True

Article I, Section 8, of the U.S. Constitution permits Congress to regulate interstate commerce.

True

At least in theory, Congress can regulate every commercial enterprise in the United States.

True

In a country with a federal form of government, the national government and the states share sovereign power.

True

Individuals have a right to obtain access to information about them collected in government files.

True

Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.

True

Procedural due process requires that any government decision to take a person's property must be made fairly.

True

Substantive due process focuses on the substance of legislation.

True

Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.

True

The Bill of Rights protects individuals against types of interference by the federal government.

True

The Children's Internet Protection Act requires public schools and libraries to use filtering software to block children's access to adult contact on Web sites.

True

The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.

True

The First Amendment protects corporate political speech.

True

The Fourteenth Amendment guarantees a right to due process of law.

True

The President appoints federal judges with the advice and consent of the Senate.

True

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

True

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.

True

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

True

Under the Constitution, the judicial branch interprets the laws.

True

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

True

Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

an unconstitutional restriction of speech.

ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

an unconstitutional restriction of speech.

Savers Mart, Inc., distributes its merchandise to retail outlets on an inter-state basis. Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States.

Antonin, a federal judge, retires. The vacant position will be filled by a judge

appointed by the President.

Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to

both petition the government and assemble peaceably.

In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

but goes no further than necessary to achieve its purpose.

Adult Shoppe in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

constitutional under the First Amendment.

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

constitutional under the First Amendment.

Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

interstate commerce.

Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given

less extensive protection than noncommercial speech.

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

makes the laws.

Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is

not protected by the First Amendment.

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

positive aspect of the commerce clause.

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to

privacy.

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

procedures used in making decisions to take life, liberty, or property.

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

protected by the First Amendment of the U.S. Constitution.

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

protected.

Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

substantive due process.

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of

symbolic speech.

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on

the content of the statute.

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that

the federal law preempts Moe's state law claim.

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by

the government only.

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under

the state's police powers.

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the

the supremacy clause.

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under

the supremacy clause.

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against

unreasonable searches only.