Question 1

The state of Ohio can regulate building contractors and building codes in the state under its

Accepted Answer

The state of Ohio can regulate building contractors and building codes under its police powers, which give states the authority to regulate and promote the health, safety, and general welfare of its citizens.

Question 2

Federal regulations concerning medical devices directly conflict with a certain state law.Under the U.S.Constitution,which law takes precedence is determined by

Accepted Answer

The supremacy clause of the U.S. Constitution states that federal law is above state law in cases of direct conflict. Therefore, federal regulations concerning medical devices would take precedence over any conflicting state law.

Question 3

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

Accepted Answer

The answer of Leah,a citizen of Maine,obtains a federal license...

Question 4

Taco Hot Dogs,Inc. ,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is

Accepted Answer

The answer of Taco Hot Dogs,Inc. ,regularly advertises its products.Under...

Question 5

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

Accepted Answer

The courts will weigh the burden that the statute imposes on interstate commerce against the state's interest in regulating the matter. This is because states have a legitimate interest in regulating certain aspects of interstate commerce, but their ability to do so is limited by the Commerce Clause of the US Constitution. The courts will therefore balance the state's interest in regulating the matter against the burden that the statute imposes on interstate commerce to determine whether the statute is constitutional.

Question 6

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

Accepted Answer

Burning the U.S. flag, although controversial, is considered a protected form of symbolic speech under the First Amendment. As long as the flag was not stolen and the burning did not take place in a public area where it could be interpreted as a direct threat to public safety, George's conduct is protected by the Constitution.

Question 7

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

Accepted Answer

The regulation serves as a content-based restriction on speech, specifically targeting games with violent content. Such restrictions are typically subject to strict scrutiny by the courts, and it is unlikely that the state could demonstrate a compelling governmental interest to justify such a restriction. Additionally, video games are generally considered a form of artistic expression, which is typically given strong First Amendment protections.

Question 8

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

Accepted Answer

The Bill of Rights applies to both federal and state actions, as it has been incorporated into the Fourteenth Amendment's due process clause, which prohibits state actions from infringing on certain rights. Therefore, Nick's claim that government actions are infringing on Bill of Rights guarantees would include both federal and state actions.

Question 9

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

Accepted Answer

The t-shirts are an example of symbolic speech, which is a form of expression that conveys a message or idea through nonverbal means, such as clothing, gestures, or actions. The t-shirts express support for a political candidate and are not intended for commercial purposes, making it an example of protected speech under the First Amendment.

Question 10

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

Accepted Answer

The First Amendment protects freedom of speech, which includes the right to express political opinions and make financial contributions to political causes. Therefore, Petro Energy Corporation's expression through financial contributions is likely protected under the First Amendment.

Question 11

Under the U.S.Constitution,Congress has the power to regulate

Accepted Answer

Congress has the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes, as outlined in the Commerce Clause of the U.S. Constitution. This has been interpreted broadly to include nearly every form of commercial enterprise.

Question 12

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

Accepted Answer

The First Amendment guarantees the freedoms of religion and speech, which protects Rita's right to express her religious beliefs and opinions in her podcast. However, Congress cannot establish laws based solely on one religion's principles due to the establishment clause of the First Amendment.

Question 13

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

Accepted Answer

The ban on advertising in "bad taste" is vague and subjective. The First Amendment protects freedom of expression, including commercial speech. The government cannot restrict speech based on its content unless it meets strict scrutiny standards, which a ban on advertising in "bad taste" is unlikely to meet. Therefore, a court would likely find it to be an unconstitutional restriction of speech.

Question 14

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

Accepted Answer

The grant of power to regulate commercial activities among the states is explicitly given to the federal government in the U.S. Constitution, under the Commerce Clause in Article I, Section 8. This means that the states do not have the authority to regulate such activities on their own. The President and the courts also do not have the specific power to regulate commercial activities among the states, as this power is reserved for Congress.

Question 15

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

Accepted Answer

Under the Supremacy Clause of the U.S. Constitution, federal law takes precedence over state law in matters of interstate commerce, which includes emissions standards for cars. Therefore, the EPA rule limiting carbon emissions from car exhaust systems takes precedence over California's higher limits.

Question 16

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

Accepted Answer

The ordinance is likely to be considered constitutional under the First Amendment because it regulates the time, place, and manner of speech rather than the content of the speech itself. Such regulations are permissible if they are content-neutral, narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. In this case, the ordinance aims to control noise pollution and maintain public order on public streets, which are significant governmental interests.

Question 17

Beverly creates a website to post threatening messages about celebrities.Under the First Amendment,these messages are most likely protected

Accepted Answer

The First Amendment does not protect threats, therefore Beverly's messages would not be protected under any circumstance.

Question 18

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

Accepted Answer

The ban on printed materials on city streets likely violates the First Amendment's protection of free speech. The distribution of handbills is a form of expression that has been historically protected by the First Amendment. The ban would have to pass strict scrutiny, meaning it must further a compelling government interest and be narrowly tailored to achieve that interest. A general "revenue-enhancing" measure is unlikely to meet this standard.

Question 19

The Bill of Rights embodies

Accepted Answer

The Bill of Rights lists a series of protections for individual citizens against government action, such as freedom of speech, religion, and the press, as well as the right to bear arms and the right to a fair trial.

Question 20

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

Accepted Answer

The First Amendment guarantees the right to petition the government, which includes expressing opposition to laws believed to be unconstitutional. However, the other choices (B and C) are not protected under the First Amendment because they involve actively disregarding and interfering with the application of the law, which could result in legal consequences.

Quiz 4: Business and the Constitution