Question 1

Jim operates Jim's Fruits & Vegetables,a small market stocked entirely with produce grown on his adjacent farm. Under what clause of the Constitution can the federal government regulate Jim's activities? What is Jim's best argument against federal regulation of his farm and business?

Accepted Answer

The answer of Jim operates Jim's Fruits & Vegetables,a small...

Question 2

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on

Accepted Answer

"Substantive due process" focuses on the content of a law or statute to determine if it infringes on an individual's fundamental rights or liberties. This is different from "procedural due process," which focuses on the procedures used to make decisions that may impact an individual's rights or liberties. Therefore, Orin's claim would be about the content of the Pennsylvania state statute.

Question 3

Oklahoma enacts a law requiring all businesses in the state to donate 10 per-cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

Accepted Answer

The law requiring all businesses in the state to donate 10% of their profits to Protestant churches violates the establishment clause of the First Amendment of the U.S. Constitution, which prohibits the government from establishing or favoring any religion. The law is promoting a specific religion (Protestantism) by requiring businesses to donate to Protestant churches, which is unconstitutional.

Question 4

A Metro City ordinance imposes a jail term,without a trial,on all vendors who operate in certain areas. A court would likely review this ordinance under the principles of

Accepted Answer

The ordinance in question involves depriving individuals of their liberty without a trial, which implicates the due process rights guaranteed by the Fourteenth Amendment. Therefore, a court would likely review this ordinance under the principles of due process. Choices A, B, and D do not directly relate to the issue at hand.

Question 5

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

Accepted Answer

Procedural due process specifically addresses the procedures used in making decisions to take life, liberty, or property. It ensures that individuals are given notice, an opportunity to be heard, and a fair and impartial decision maker. This type of due process is concerned with the fairness of procedures used in making decisions, rather than the content of the decision itself, or the treatment of similarly situated individuals, or the protection of privacy.

Question 6

Under the First Amendment,in comparison with commercial speech,the protection given obscene speech is

Accepted Answer

Obscene speech is not protected under the First Amendment, meaning its protection is non-existent.

Question 7

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

Accepted Answer

Monitoring someone's Internet activities without their consent or a warrant can be considered a violation of their right to privacy. This includes accessing personal financial data and student information.

Question 8

The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute,the president of Games Marketing,Inc. (GMI),orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Accepted Answer

The answer of The Arkansas state legislature enacts a statute...

Question 9

Bay Town enacts an ordinance to allow only a few recreational boating outfits to op-er-ate in certain areas of its harbor,for the purpose of reducing traffic. A court would likely review this ordinance under the principles of

Accepted Answer

An ordinance that limits the operation of recreational boating outfits in certain areas of the harbor allows only a few selected outfits to operate, which may violate the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause requires that similarly situated individuals or entities be treated equally by the law. Any discriminatory action that treats a particular group unfavorably is scrutinized under this principle. Therefore, a court would likely review this ordinance under the principles of equal protection.

Question 10

Brad 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

Accepted Answer

The First Amendment does not protect speech that incites violence or immediate lawless action. Therefore, Brad's actions are not protected under the First Amendment.

Question 11

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

Accepted Answer

The ARA must directly advance a substantial government interest, but it also cannot go farther than necessary to achieve that interest. This applies the strict scrutiny standard, which requires the government to show that the law is narrowly tailored to achieve its goal. Therefore, choice A is the best answer.

Question 12

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

Accepted Answer

The ordinance prohibiting the sale of child pornography is constitutional under the First Amendment because the sale of child pornography is not protected speech. The Supreme Court has upheld similar laws in the past, holding that the government has a compelling interest in protecting children from the physical and psychological harms of child pornography. Therefore, the ordinance is a valid restriction on the sale of a harmful and illegal product, rather than an infringement on freedom of speech or privacy.

Quiz 2: Constitutional Law