BLAW 4 Prep

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

False

Whether the federal government preempted a certain area is always clear.

False

Federico, the president of Gems Retail Corporation, claims that certain actions by the federal government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights. Most of these rights limit

New Mexico and the federal government.

Procedural due process requires that any taking of a person's life, liberty, or property by government must be made fairly.

True

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

True

The First Amendment protects symbolic speech.

True

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.

Congress enacts the Tight Money Act (TMA) of 2010 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be

an unconstitutional restriction of speech.

Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers. 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 interstate basis. Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States.

The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce. This statute will be

balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce.

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be

constitutional under the First Amendment.

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

constitutional under the First Amendment.

The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Under this clause, "persons" include

corporations and other "legal persons."

Tori files a suit against the state of Utah, claiming that a Utah 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 and all-terrain vehicles and other products. Under the First Amendment, these ads and other commercial speech are given

less protection than noncommercial speech.

Under the Constitution, Congress

makes the laws.

Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech

no protection.

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

police powers.

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.

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

rendered invalid under the supremacy clause.

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.

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.

Dru, a U.S. citizen, is the owner of Egret, 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 Dru against types of interference by

the government only.