Question 1

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Accepted Answer

The Supreme Court has held that commercial speech (such as advertising) is entitled to some constitutional protection because it serves an informational function and is a valuable source of information for consumers. However, this protection is not as extensive as the protection afforded to non-commercial speech (such as political speech).

Question 2

According to the U.S. Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.

Accepted Answer

The "necessary and proper" clause, also known as the "elastic clause," is found in Article I, Section 8 of the U.S. Constitution and grants Congress the authority to make all laws that are necessary and proper for carrying out the powers granted to the federal government. The Supreme Court has interpreted this clause to give Congress the authority to legislate in areas not specifically listed in the Constitution if such legislation is reasonably related to an enumerated power.

Question 3

A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.

Accepted Answer

This is based on the Supreme Court ruling in New York Times Co. v. Sullivan, which established the actual malice standard for defamation suits brought by public figures against media outlets. Actual malice means that the false statement was made with knowledge that it was false or with reckless disregard for whether it was false or not.

Question 4

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.

Accepted Answer

If Congress has enacted federal legislation on a particular topic, federal law is supreme and will preempt any conflicting state laws, regardless of Congress's intent. This is known as the doctrine of federal preemption.

Question 5

The U.S. Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.

Accepted Answer

The answer of The U.S. Supreme Court has held that...

Question 6

The Brentwood Academy v. Tennessee Secondary School Athletic Association case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Accepted Answer

The Brentwood Academy v. Tennessee Secondary School Athletic Association case primarily dealt with First Amendment rights and the regulation of high school athletics, not the preemption of state legislation by Congress.

Question 7

The U.S. Constitution was adopted in 1791 by representatives of the thirteen newly created states.

Accepted Answer

The U.S. Constitution was adopted in 1787, not 1791. It was ratified by representatives of the thirteen original states.

Question 8

The term "eminent domain" refers to a governmental taking of private property for public use.

Accepted Answer

Eminent domain is a concept in law where a government has the power to acquire private property for public use, typically with compensation to the owner.

Question 9

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied.

Accepted Answer

"Actual malice" in defamation cases against the press does not necessarily require a showing that a reporter intentionally lied. It requires a showing that the reporter knew the statement was false or had reckless disregard for the truth.

Question 10

The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.

Accepted Answer

Eminent domain requires the government to provide just compensation, which is typically based on the fair market value of the property. Therefore, the homeowners are likely entitled to fair market value for their homes.

Question 11

A state regulation that does not conflict with a federal regulation may still be preempted by federal action.

Accepted Answer

This is known as "implied preemption," where federal law can preempt state law even without an explicit statement to that effect in the legislation. This occurs when complying with both state and federal law is impossible or when state law creates an obstacle to achieving the purposes and objectives of federal law.

Question 12

The Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law.

Accepted Answer

This is correct according to the text of the Fifth and Fourteenth Amendments to the United States Constitution.

Question 13

Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.

Accepted Answer

The Commerce Clause of the United States Constitution grants Congress the power to regulate commerce among the states, but it does not necessarily render all state statutes affecting interstate commerce unconstitutional. The constitutionality of such statutes is determined on a case-by-case basis, with the level of scrutiny depending on the extent of the impact on interstate commerce.

Question 14

The Bill of Rights restricts the power and authority of the federal government.

Accepted Answer

The Bill of Rights, which consists of the first ten amendments to the US Constitution, outlines specific rights and protections for citizens and limits the power of the federal government.

Question 15

The Congressional power to borrow money on credit of the United States and to coin money have enabled the federal government to establish a national banking system, the Federal Reserve System, and specialized federal lending programs such as the Federal Land Bank.

Accepted Answer

The Congressional power to borrow money and coin money have been essential in establishing the national banking system and specialized federal lending programs.

Question 16

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Accepted Answer

The Contract Clause of the Constitution, which prohibits states from passing laws that impair the obligation of contracts, applies only to state governments and not to the federal government. The federal government is limited in its actions by other parts of the Constitution, such as the Due Process and Takings Clauses.

Question 17

The U.S. Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.

Accepted Answer

The U.S. Constitution establishes a federal government with limited powers, and Congress can only exercise powers that are expressly granted or necessarily implied by the Constitution. This principle is often called the doctrine of enumerated powers or limited government.

Question 18

State action is a term that may include conduct by private parties who perform a public function.

Accepted Answer

State action can involve private parties who are performing a public function, such as a privately owned utility company that is providing water or electricity to a community.

Question 19

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

Accepted Answer

The Bill of Rights, consisting of the first ten amendments to the Constitution, was added to guarantee individual liberties and protection from federal government abuse of power.

Question 20

In commercial speech cases, the U.S. Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.

Accepted Answer

The U.S. Supreme Court requires that restrictions on commercial speech must directly advance the governmental interest asserted and cannot be more extensive than necessary to serve that interest, but it does not require the restriction to be the least restrictive means possible.

Quiz 4: Constitutional Law