BLAW320 ch4

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

a. a series of protections for the individual against government action.

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

a. every commercial enterprise in the United States

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

b. the states

Leah, a citizen of Maine, obtains a federal license to operate a commercial fishing boat in a certain area off the Maine coast. The Maine state legislature enacts a law that bans all commercial fishing in that area. Most likely, the state law violates a. no provision in the U.S. Constitution. b. the commerce clause. c. the due process clause. d. the supremacy clause.

d. the supremacy clause

John, a law enforcement official, monitors Kelsey's Internet activities—e-mail and website visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to a. privileges and immunities. b. privacy. c. free speech. d. free exercise.

b. privacy

Petro Energy Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Petro's "expression" is most likely a. discouraged. b. prohibited. c. protected. d. prescribed.

c. protected

Oklahoma enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be 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.

a. an unconstitutional restriction of speech

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

a. an unconstitutional restriction of speech

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest a. and goes no further than necessary to achieve its objective. b. without regard to how "far" it goes. c. and the parties affected by it can elect how "far" to go in applying it. d. and goes further than necessary to ensure full coverage.

a. and goes no further than necessary to achieve its objective

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of a. equal protection. b. free exercise. c. interstate commerce. d. free speech

a. equal protection

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey it, and stop others from complying with it. Under the First Amendment, these individuals have a right to a. petition the government. b. refuse to obey any law with which they disagree. c. stop others from complying with any law. d. none of the choices.

a. petition the government

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

a. police powers

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property. b. the content of the statute. c. the treatment of similarly situated individuals. d. the steps to be taken to protect Marie's privacy.

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

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

a. the commerce clause

Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely a. an invalid invasion of individuals' privacy. b. an unconstitutional restriction of speech. c. a violation of corporations' rights to certain privileges. d. constitutional under the First Amendment.

b. an unconstitutional restriction of speech

Serene 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 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.

b. constitution under the First Amendment

Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit a. only the power of the federal government. b. federal and state actions. c. only the claims of individuals. d. only the conduct of the states.

b. federal and state actions

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

b. none of the time

Pat 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 a. all of the time. b. none of the time. c. only if it is noncommercial. d. only if it is symbolic.

b. none of the time

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is' a. equally extensive. b. not as extensive. c. more extensive. d. non-existent.

b. not as extensive

George burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. George's conduct is most likely a. expressly prohibited by the Constitution. b. protected by the First Amendment. c. subject to reasonable restrictions under the due process clause. d. given strict scrutiny under the equal protection clause.

b. protected by the First Amendment

Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on a. procedures used to make decisions to take life, liberty, or property. b. the content of the statute. c. the treatment of similarly situated individuals. d. the steps to be taken to protect Orin's privacy.

b. the content of the statute

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

b. the courts

Georgia enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause.

b. the establishment clause

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

b. 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 a. Congress. b. the states. c. the President. d. the courts.

b. the states

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of a. unprotected speech. b. commercial speech. c. symbolic speech. d. illegal speech.

c. symbolic speech

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 a. the federal government's authority to regulate the matter. b. the purpose of interstate commerce. c. the state's interest in regulating the matter. d. the statute's impact on noneconomic activity.

c. the states's interest in regulating the matter

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of a. equal protection. b. free exercise. c. interstate commerce. d. due process

d. due process

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is a. equally extensive. b. not as extensive. c. more extensive. d. non-existent.

d. non-existent

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 a. Congress. b. any state. c. the President. d. none of the choices.

d. none of the choices

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 higher limits. Under the U.S. Constitution a. both the rule and the law are invalid. b. both the rule and the law apply concurrently. c. the California law takes precedence. d. the EPA rule takes precedence.

d. the EPA rule takes precedence

Rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Rita is guaranteed a. the power to delegate her view to the federal government. b. the right to fair payment for her podcast. c. the right to a review of her opinion in due process. d. the freedoms of religion and speech.

d. the freedoms of religion and speech

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

d. the supremacy clause

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be a. constitutional under the First Amendment. b. not subject to the U.S. Constitution. c. unconstitutional under the commerce clause. d. unconstitutional under the First Amendment.

d. unconstitutional under the First Amendment