Question 1

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
A)an unconstitutional restriction of speech.
B)constitutional under the First Amendment.
C)unnecessary to protect individual rights.
D)necessary to protect state interests.

Accepted Answer

The law is likely to be held constitutional under the First Amendment, as it aims to protect consumers from being misled and does not restrict speech in a blanket manner. The government has a legitimate interest in protecting consumers from fraud and deceptive practices, and this law narrowly targets advertising that could potentially mislead consumers.

Question 2

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
A)equal protection of the law.
B)privacy.
C)procedural due process.
D)substantive due process.

Accepted Answer

The claim is based on substantive due process, which protects fundamental rights, such as freedom of speech, from government infringement without a compelling state interest. The Delaware statute limits the liberty of individuals to broadcast "annoying" commercials, which potentially infringes upon the fundamental right to free speech. Therefore, the claim is based on substantive due process.

Question 3

In an effort to reduce traffic,Bay City enacts an ordinance that allows only a few specific street vendors to operate in certain areas.A court would likely review this ordinance under the principles of
A)the commerce clause.
B)the equal protection clause.
C)the due process clause.
D)the First Amendment.

Accepted Answer

The ordinance limiting street vendors based on specific criteria could potentially be seen as discriminatory and a violation of the equal protection clause of the 14th Amendment, which prohibits states from denying any person within its jurisdiction the equal protection of the laws. A court would review the ordinance to ensure that it is not unfairly targeting certain groups or individuals.

Question 4

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
A)federal actions only.
B)federal and state actions.
C)federal and state actions,and actions by nongovernment entities.
D)actions by nongovernment entities only.

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. However, the Bill of Rights does not apply to actions by nongovernment entities. Therefore, option B is the best choice.

Question 5

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
A)unprotected speech.
B)controlled speech.
C)symbolic speech.
D)illegal speech.

Accepted Answer

The t-shirts with a political message are considered a form of symbolic speech, which is protected under the First Amendment of the U.S. Constitution. Mariah has the right to express her support for a political candidate through her design and distribution of t-shirts.

Question 6

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway.Congress can spend revenues
A)only to carry out its enumerated powers.
B)to promote any objective that it deems worthwhile.
C)as long as the funds are spent uniformly among the states.
D)without regard to whether the expense violates the Constitution.

Accepted Answer

Congress has the power to spend for the general welfare, which allows it to promote objectives it deems worthwhile, even if they are not directly tied to its enumerated powers.

Question 7

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
A)rendered invalid under the supremacy clause.
B)held to be valid under the equal protection clause.
C)struck down under the taxing and spending clause.
D)upheld under the commerce clause.

Accepted Answer

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

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
A)and goes no further than necessary to achieve its purpose.
B)without regard to how "far" it goes.
C)and the parties affected by it can elect how "far" to go in applying it.
D)and goes further than necessary to ensure full coverage.

Accepted Answer

The ARA will only be considered valid if it directly advances a substantial government interest and goes no further than necessary to achieve its purpose. This is because the ARA cannot unnecessarily restrict speech beyond what is required to achieve its purpose.

Question 9

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
A)none of the choices.
B)the states.
C)the national government.
D)the people.

Accepted Answer

The Tenth Amendment reserves all other powers not specifically granted to the national government to the states. This is known as the principle of federalism, where power is shared between the national government and the states. It is important to note that the Tenth Amendment does not give unlimited power to the states, as the Constitution still places certain limits and responsibilities on them.

Question 10

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
A)equal protection of the law.
B)privacy.
C)procedural due process.
D)substantive due process.

Accepted Answer

Jon's monitoring of Kelsey's Internet activities to gain access to her personal financial data and student information may violate Kelsey's right to privacy. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, which includes their electronic communications and information. Without a warrant or a legitimate law enforcement purpose, monitoring someone's Internet activities and obtaining their personal information is a violation of their right to privacy.

Question 11

Keralyn creates a Web site to post threatening messages about celebrities.The First Amendment protects such speech
A)all of the time.
B)none of the time.
C)only if it is noncommercial.
D)only if it is symbolic.

Accepted Answer

The First Amendment does not protect threatening speech, as it is considered a form of unprotected speech that can lead to harm or violence.

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
A)the courts' authority to determine that a law is unconstitutional.
B)the purpose of interstate commerce.
C)the state's interest in regulating the matter.
D)the statute's impact on noneconomic activity.

Accepted Answer

When evaluating a state statute that affects interstate commerce, the courts will balance the burden that it imposes on interstate commerce against the state's interest in regulating the matter. This is known as the "dormant commerce clause" analysis, which serves to prevent state regulations from unduly burdening interstate commerce. Therefore, choice C is the best answer.

Question 13

Port Harbor City enacts an ordinance that bans the distribution of all printed materials on city streets.Later,after the city enacts a new "revenue-enhancing" measure,Quint distributes handbills protesting that measure.When Quint is charged with violating the printed-materials ban,he files a suit against the city arguing that the city lacked a compelling interest in banning handbills.Most likely,the court will hold that the ban is
A)an unconstitutional restriction of speech.
B)constitutional under the First Amendment.
C)justified by the need to protect individual rights.
D)necessary to protect national interests.

Accepted Answer

The court is likely to hold that the ban on the distribution of all printed materials on city streets is an unconstitutional restriction of speech under the First Amendment. While the city may have some regulatory interests in maintaining the cleanliness and safety of its streets, the ban on all printed materials is not narrowly tailored and thereby violates the free speech protections. Quint's distribution of handbills protesting a new measure is a form of expression protected by the First Amendment, which makes the application of the ban unconstitutional in this case.

Question 14

Taco Hot Dogs,Inc.,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is
A)equally extensive.
B)less extensive.
C)more extensive.
D)non-existent.

Accepted Answer

The protection given to commercial speech (ads) is less extensive than noncommercial speech. The government can regulate commercial speech more easily as long as the regulation advances a substantial government interest and does not burden more speech than necessary.

Question 15

Sustainable Products Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is given
A)discouraged.
B)forbidden.
C)protected.
D)required.

Accepted Answer

Under the First Amendment, corporate political speech is protected. The Supreme Court has held that corporations have the same right to engage in political speech as individuals, and that any restriction on such speech must meet strict scrutiny. Therefore, Sustainable Products Corporation has the right to express its opinions on political issues.

Question 16

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
A)rendered invalid under the supremacy clause.
B)held to be valid under the equal protection clause.
C)struck down under the taxing and spending clause.
D)upheld under the commerce clause.

Accepted Answer

According to the Supremacy Clause in the U.S. Constitution, federal law is supreme over state law. Since Congress has enacted a law prohibiting the sale of toys made in Indonesia in the entire United States, the law passed by the Washington state legislature allowing the sale of such toys would be rendered invalid as it conflicts with the federal law.

Question 17

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,
A)both the decision and the law are invalid.
B)both the decision and the law apply concurrently.
C)California's law takes precedence.
D)the EPA's decision takes precedence.

Accepted Answer

The supremacy clause states that federal law takes precedence over conflicting state law. Therefore, the EPA's decision takes precedence over California's state law.

Question 18

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
A)a local government.
B)interstate commerce.
C)noneconomic activity.
D)the state.

Accepted Answer

The commerce clause gives Congress the power to regulate interstate commerce. If a state law imposes a substantial burden on interstate commerce, it may violate the commerce clause. Local government, noneconomic activity, and the state itself are not relevant factors in determining whether a state law violates the commerce clause.

Question 19

Savers Mart,Inc.,distributes its merchandise on an interstate basis.Under the commerce clause,Congress has the power to regulate
A)any commercial activity in the United States.
B)only activities that are in intrastate commerce.
C)only activities that are in local commerce.
D)none of the choices.

Accepted Answer

The commerce clause of the U.S. Constitution grants Congress the power to regulate any commercial activity that affects interstate commerce, which includes the distribution of merchandise by Savers Mart, Inc. This power extends beyond activities that are purely intrastate or local.

Question 20

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.Price-Lo Mart files a suit to block the law's enforcement.The court would likely hold that this law violates
A)no clause in the U.S.Constitution.
B)the establishment clause.
C)the free exercise clause.
D)the supremacy clause.

Accepted Answer

The law requiring businesses to donate profits to Protestant churches favors one religion over others, which violates the establishment clause of the First Amendment of the U.S. Constitution. This clause prohibits the government from establishing or favoring any specific religion.

Quiz 4: Business and the Constitution

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

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

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

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

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

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

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

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

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

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

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

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

Taco Hot Dogs,Inc.,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is

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

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

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,

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

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