Question 1

Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas 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 established by the Supreme Court case of Gitlow v. New York in 1925. The Bill of Rights does not limit actions by nongovernment entities, so choice C is incorrect. Additionally, choice A is incorrect because the Bill of Rights applies to state actions as well as federal actions. Therefore, the best choice is B.

Question 2

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 its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

Accepted Answer

The Tenth Amendment states that all powers not delegated to the national government by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people. Therefore, choice B, the states, is the best answer.

Question 3

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

Accepted Answer

The t-shirt design is an example of symbolic speech, expressing support for a political candidate without actually verbally saying anything. This type of speech is protected under the First Amendment.

Question 4

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware 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 right being challenged is the right to freedom of speech, which falls under the protection of substantive due process. Substantive due process protects fundamental rights, which include the right to free speech. Equal protection of the law and privacy do not apply to this situation, and procedural due process pertains to the legal procedures used to challenge the statute, rather than the substance of the claim.

Question 5

Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be

Accepted Answer

The supremacy clause of the U.S. Constitution dictates that federal law trumps state law in cases of conflict, which would render Washington's law allowing the sale of Indonesian-made toys invalid.

Question 6

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. Price-Lo Mart files a suit to block the law's enforcement. The court would likely hold that this law violates

Accepted Answer

The law requiring businesses to donate to Protestant churches is likely to be seen as a violation of the establishment clause of the First Amendment, which prohibits the government from endorsing or promoting a particular religion. This law would likely be seen as favoring one religion (Protestantism) over others, which would violate the establishment clause.

Question 7

Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

Accepted Answer

Under the First Amendment, corporate political speech is protected as it is considered a form of free speech. Corporations have the right to express their opinions on political issues, just like individuals.

Question 8

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 would only be considered valid if it directly advances a substantial government interest and goes no further than necessary to achieve its purpose. Option B and D are incorrect because the law cannot go "too far" or extend beyond what is necessary for the government interest. Option C is not relevant as it does not apply to the situation described.

Question 9

In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to op?er?ate in certain areas. A court would likely review this ordinance under the principles of

Accepted Answer

The ordinance allows only specific vendors to operate in certain areas, potentially treating other vendors differently and creating a classification. Therefore, a review under the equal protection clause would be appropriate to determine if the classification is reasonable and not arbitrary. The other clauses listed would not be as relevant in this situation.

Question 10

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

Commercial speech, such as ads for products, receives less protection than noncommercial speech under the First Amendment. The government can regulate commercial speech if it seeks to protect consumers from false or misleading advertising.

Question 11

Port Harbor City enacts an ordinance that bans the distribu?tion of all printed materials on city streets. Later, Quint protests a new "revenue-enhancing" measure also enacted by the city by distributing handbills. When Quint is charged with violating the printed-materials ban, he files a suit against the city. Most likely, the court will hold that the ban is

Accepted Answer

The ban on the distribution of all printed materials on city streets is a content-based restriction on speech, which is subject to strict scrutiny by the courts. This means that the government must show a compelling interest in the restriction and demonstrate that the ban is narrowly tailored to achieve that interest. It is unlikely that the city can meet this high standard, and the court is likely to hold that the ban is an unconstitutional restriction of speech. Therefore, Quint's distribution of handbills is protected by the First Amendment, and he should not be charged with violating the ban.

Question 12

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

Accepted Answer

When evaluating a state law that affects interstate commerce, the courts will balance the state's interest in regulating the matter against the burden that it imposes on interstate commerce. This means that the courts will consider whether the state has a legitimate interest in regulating the particular activity, and whether the burden on interstate commerce is disproportionate to that interest. The courts may also consider other factors, such as the impact on noneconomic activity, but the state's interest in regulating the matter is the primary consideration.

Question 13

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Accepted Answer

The answer of Keralyn creates a Web site to post...

Question 14

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Accepted Answer

The supremacy clause in the US Constitution states that federal law takes precedence over state law in cases of conflict. Therefore, in this situation, the EPA's decision would take precedence over California's state law.

Question 15

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 knowledge or consent is an invasion of privacy. It is also likely illegal if the official does not have a warrant or legal justification for accessing the personal information.

Question 16

Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

Accepted Answer

Restrictions on advertising can be constitutional under the First Amendment if they are narrowly tailored to serve a substantial government interest and leave open ample alternative channels for communication. In this case, the law is aimed at protecting consumers and therefore serves a substantial government interest. As long as the law does not completely prohibit advertising and allows for other communication channels, it is likely to be considered constitutional.

Question 17

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be

Accepted Answer

The answer of Congress enacts the Supplemental Income Tax Act...

Question 18

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues

Accepted Answer

The answer of The Long-haul Truckers Association wants the federal...

Question 19

Savers Mart, Inc., distributes its merchandise on an inter?state basis. Under the commerce clause, Congress has the power to regulate

Accepted Answer

The commerce clause grants Congress the power to regulate any commercial activity that affects interstate commerce. As Savers Mart, Inc., distributes its merchandise on an interstate basis, it falls within the scope of Congress's regulatory power under the commerce clause. Therefore, the answer is A.

Question 20

Selena's Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Accepted Answer

The commerce clause grants Congress the power to regulate interstate commerce. As such, states cannot enact laws that substantially burden or discriminate against interstate commerce. Therefore, if Selena's Fajitas can prove that the Texas state law violates the commerce clause by imposing a substantial burden on interstate commerce, the court may agree with their claim.

Quiz 4: Business and the Constitution