Question 1

The First Amendment protects even speech that violates criminal laws.

Accepted Answer

The First Amendment protects freedom of speech but does not protect speech that violates criminal laws, such as threats of violence, obscenity, or speech inciting imminent lawless action.

Question 2

The First Amendment protects commercial speech more extensively than noncommercial speech.​

Accepted Answer

The First Amendment protects noncommercial speech, such as political and artistic expression, more extensively than commercial speech, which is subject to some restrictions to prevent false or misleading advertising.

Question 3

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

Accepted Answer

Checks and balances refers to the distribution of powers among the three branches of government – legislative, executive, and judicial, in a way that each branch has some power to check or limit the actions of the others, thus preventing any one branch from becoming too powerful. This is an important feature of the Constitution in ensuring that the government functions democratically and does not become tyrannical. Therefore, option B accurately describes the meaning of checks and balances. Option A is incorrect because it refers to a financial concept and not a political concept. Option C is incorrect because it suggests that the authority of the courts is dependent on a "checklist", which is not accurate. Option D is incorrect because it incorrectly describes the relationship between the President and the courts.

Question 4

The establishment clause requires a complete separation of church and state.​

Accepted Answer

The establishment clause prohibits the government from establishing an official religion or giving preferential treatment to one religion over others, but it does not require a complete separation of church and state. The interpretation of the clause has been subject to debate and court rulings over the years.

Question 5

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.​

Accepted Answer

While the Constitution protects freedom of speech, it is subject to certain limitations, such as obscenity, incitement to violence, and defamation. Therefore, speech can be restricted in certain circumstances.

Question 6

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

Accepted Answer

The Fourteenth Amendment of the United States Constitution guarantees that no state can deprive any person of life, liberty, or property without due process of law.

Question 7

The U.S. Constitution explicitly mentions a general right to privacy.​

Accepted Answer

The U.S. Constitution does not explicitly mention a general right to privacy, although the Supreme Court has recognized such a right in several cases.

Question 8

The First Amendment does not protect symbolic speech.​

Accepted Answer

The First Amendment protects symbolic speech, which is any form of expression that is not purely verbal. This includes gestures, signs, and other forms of nonverbal communication.

Question 9

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by​

Accepted Answer

If a policy conflicts with the U.S. Constitution, none of the choices (Congress, a federal court, or the President) can lawfully impose a law embodying it, as all laws must be in accordance with the Constitution.

Question 10

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.​

Accepted Answer

This is the standard established by the Supreme Court in cases relating to equal protection under the law. If a law prohibits only some persons from exercising a fundamental right, it will be presumed unconstitutional unless the government can demonstrate that it serves a compelling state interest and is narrowly tailored to achieve that interest. This is known as strict scrutiny.

Question 11

A law that has any impact on religion is unconstitutional.​

Accepted Answer

This statement is false. Laws can have an impact on religion, but they cannot establish or inhibit any particular religion according to the Establishment Clause of the First Amendment. Additionally, laws cannot violate the Free Exercise Clause of the First Amendment which allows individuals to practice their religion freely.

Question 12

State laws protect individuals' privacy rights.​

Accepted Answer

State laws have provisions to safeguard an individual's private information from any unauthorized access or disclosure. For example, HIPAA (Health Insurance Portability and Accountability Act) is a federal law that governs the privacy of personal health information. Similarly, state laws like the California Consumer Privacy Act (CCPA) provide individuals with certain rights over their personal information, such as the right to know what information is being collected and the right to request deletion of their data.

Question 13

The rights secured by the Bill of Rights are absolute.​

Accepted Answer

The rights secured by the Bill of Rights are not absolute and can be limited in certain circumstances, such as for the safety of the public or for national security.

Question 14

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

Accepted Answer

Procedural due process requires that any government decision to take a person's property must be made in a fair and unbiased manner, with notice and an opportunity for the affected person to be heard. Therefore, the statement that procedural due process requires that any government decision to take a person's property must be made equitably is true.

Question 15

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to​

Accepted Answer

The Constitution explicitly states that all powers not delegated to the national government are reserved to the states or to the people. This principle is enshrined in the Tenth Amendment to the Constitution.

Question 16

Substantive due process limits what the government can do in its legislative and executive capacities.​

Accepted Answer

Substantive due process refers to the idea that certain rights are so fundamental that the government cannot infringe upon them, even through the use of laws or policies. As such, it places limits on what the government can do in its legislative and executive capacities.

Question 17

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

Accepted Answer

The commerce clause gives Congress the power to regulate any commercial activity that affects interstate commerce. This includes activities that are purely local in nature if they have a substantial effect on interstate commerce. Therefore, Congress has the power to regulate Savers Mart's distribution of merchandise on an interstate basis.

Question 18

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress​

Accepted Answer

Congress has the power to enact laws, but it does not have the authority to administer, interpret, or enforce them. Those powers are delegated to the executive branch, the courts, and administrative agencies respectively. Therefore, if the Alternative Energy Association wants a law enacted, it would have to persuade Congress to pass it, but it would need to work with other branches of government to see that the law is effectively implemented and enforced.

Question 19

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.​

Accepted Answer

This is the standard set forth by the Supreme Court in cases involving gender discrimination, known as intermediate scrutiny. Under intermediate scrutiny, the government must show that the law is substantially related (meaning the law must significantly further an important government objective) to an important government objective, rather than just rationally related (which is the lower standard set forth for other types of discrimination).

Question 20

The First Amendment prevents limits from being placed on independent political expenditures by corporations.​

Accepted Answer

The Supreme Court case Citizens United v. FEC held that the First Amendment prohibits limits on independent political expenditures by corporations and unions.

Quiz 2: Business and the Constitution

The First Amendment protects even speech that violates criminal laws.

The First Amendment protects commercial speech more extensively than noncommercial speech.

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

The establishment clause requires a complete separation of church and state.

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

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

The U.S. Constitution explicitly mentions a general right to privacy.

The First Amendment does not protect symbolic speech.

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.

A law that has any impact on religion is unconstitutional.

State laws protect individuals' privacy rights.

The rights secured by the Bill of Rights are absolute.

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

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to

Substantive due process limits what the government can do in its legislative and executive capacities.

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

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Quiz 2: Business and the Constitution

The First Amendment protects even speech that violates criminal laws.

The First Amendment protects commercial speech more extensively than noncommercial speech.​

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

The establishment clause requires a complete separation of church and state.​

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.​

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

The U.S. Constitution explicitly mentions a general right to privacy.​

The First Amendment does not protect symbolic speech.​

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by​

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.​

A law that has any impact on religion is unconstitutional.​

State laws protect individuals' privacy rights.​

The rights secured by the Bill of Rights are absolute.​

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

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to​

Substantive due process limits what the government can do in its legislative and executive capacities.​

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

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress​

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.​

The First Amendment prevents limits from being placed on independent political expenditures by corporations.​

The First Amendment protects commercial speech more extensively than noncommercial speech.

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

The establishment clause requires a complete separation of church and state.

Under the Constitution, speech-oral, written, or symbolized by conduct-cannot be restricted in any way.

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

The U.S. Constitution explicitly mentions a general right to privacy.

The First Amendment does not protect symbolic speech.

National Hospital Organization (NHO) , a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

A law that prohibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.

A law that has any impact on religion is unconstitutional.

State laws protect individuals' privacy rights.

The rights secured by the Bill of Rights are absolute.

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

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to

Substantive due process limits what the government can do in its legislative and executive capacities.

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

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

The First Amendment prevents limits from being placed on independent political expenditures by corporations.