Question 1

Oklahoma 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.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 2

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 3

A Rhode Island state statute imposes a prison term,without a trial,on all street vendors who operate in certain areas.A court would likely hold this statute to be

Accepted Answer

The statute violates the due process clause because it imposes a prison term without a trial, denying the street vendors their right to a fair and impartial trial.

Question 4

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

Accepted Answer

Procedural due process focuses on the procedures used in making decisions to take life, liberty, or property. The claim that the state statute infringes on Marie's procedural due process rights suggests that the statute's procedures for taking away her rights were not fair or did not provide her with adequate notice or opportunity to be heard.

Question 5

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

Accepted Answer

The answer of Adult Shoppe in Beach City sells a...

Question 6

Melanie engages in speech that harms others' good reputations on her blog at no.lie.com.The First Amendment gives such speech

Accepted Answer

Speech that harms others' good reputation, also known as defamation or libel, is not protected under the First Amendment. This type of speech is considered to be a harmful and false statement that can damage someone's reputation, and therefore is subject to legal penalties.

Question 7

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

Accepted Answer

Substantive due process deals with the content of a law or statute and whether it violates fundamental rights. In this case, Orin is claiming that the Pennsylvania state statute infringes on his substantive due process rights, which suggests that he is arguing that the content of the statute violates his fundamental rights.

Question 8

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 Kelsey's Internet activities without her knowledge or consent could be a violation of her right to privacy, which includes the right to control access to personal information. As a law enforcement official, Jon may need to obtain a warrant or have a legitimate reason to access this information in order to avoid infringing on Kelsey's privacy rights.

Question 9

The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Under this clause,"persons" include

Accepted Answer

The term "persons" in the Due Process Clause includes corporations and other legal entities. This was established in the landmark Supreme Court case Santa Clara County v. Southern Pacific Railroad Company (1886), in which the Court held that corporations were entitled to the same rights as individuals under the Constitution. Therefore, corporations are protected from having their life, liberty, or property taken without due process of law.

Question 10

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

Accepted Answer

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

Question 11

Justice For All,a political organization,files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials.This claim is most likely based on the right to

Accepted Answer

The claim by Justice For All pertains to a statute that limits the liberty of all persons to broadcast "annoying" radio commercials, which implicates the right to free speech under the First Amendment. The right to free speech is generally protected under substantive due process, which ensures that the government does not infringe upon fundamental rights without a compelling state interest.

Question 12

Vacation Village enacts an ordinance to allow only a few street vendors to operate in certain areas,for the purpose of reducing traffic.A court would likely subject this ordinance to

Accepted Answer

The ordinance enacted by Vacation Village relates to the equal protection clause and the court would apply a rational basis test. The equal protection clause ensures that similarly situated individuals are treated equally under the law. The rational basis test is the lowest level of scrutiny and requires that the government has a legitimate interest in the law and that the law is rationally related to achieving that interest. In this case, the interest is reducing traffic, and limiting the number of street vendors may be considered a rational way to achieve this goal.

Quiz 4: Constitutional Authority to Regulate Business