Question 1

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

Accepted Answer

Procedural due process pertains to the procedures used in making decisions to take life, liberty, or property. Therefore, Myra's claim would focus on whether the state statute followed proper procedures in potentially infringing on her rights.

Question 2

Minnesota enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

Accepted Answer

Banning advertising in "bad taste" would likely be viewed as an attempt to regulate the content of speech, which is typically protected by the First Amendment. The government may place reasonable time, place, and manner restrictions on speech, but censorship based on the subjective concept of "bad taste" would likely be seen as an unconstitutional restriction of speech.

Question 3

Parker owns and operates Rancho Mirage Corporation, a destination resort in Arizona that features horseback riding and bunkhouse accommodations. The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Included as "legal persons" under this clause are

Accepted Answer

Legal persons under the due process clause refer to human beings and entities recognized by law as having legal rights and duties, such as corporations. Therefore, both Parker and Rancho Mirage Corporation are included as legal persons under this clause. Option A is incorrect because manmade creations do not have legal rights, and option C is incorrect because beings in nature are not recognized as legal persons. Option D is also incorrect because there is at least one correct choice.

Question 4

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

Accepted Answer

Congress is responsible for making the laws, while the administration, interpretation, and enforcement of the laws fall under the jurisdiction of the executive and judicial branches of government.

Question 5

A Massachusetts state statute imposes a prison term, without a trial, on all street entertainers who operate in certain areas. A court would likely review this statute under the principles of

Accepted Answer

The statute imposes a deprivation of liberty (prison term) without a trial, which implicates procedural due process. The court would review whether the street entertainers are being deprived of their right to a fair process before being deprived of their liberty.

Question 6

Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

Accepted Answer

The ban on the distribution of printed materials on city streets can be seen as a restriction on speech, which is protected by the First Amendment. Therefore, a court would likely hold the ban to be unconstitutional under the First Amendment.

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 Kelsey's internet activities without her consent and accessing her personal financial data and student information violates her right to privacy.

Question 8

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

Accepted Answer

Under the First Amendment, corporate political speech is protected as a form of free speech.

Question 9

Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate

Accepted Answer

This statute may violate substantive due process, which prohibits states from enacting laws that interfere with fundamental rights or liberty interests without a legitimate purpose or compelling state interest. The law's vague and subjective standard of "annoying" may also be considered arbitrary and irrational. However, it does not implicate equal protection, procedural due process, or the right to privacy.

Question 10

Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of

Accepted Answer

The First Amendment guarantees the freedom of the press, speech, and religion, among other rights. Mike's article falls under the protection of both the freedom of religion and the freedom of speech.

Question 11

Xtreme Publications, Inc., disseminates obscene materials. This is

Accepted Answer

Disseminating obscene materials is considered a crime under various state and federal laws, as obscenity is not protected by the First Amendment.

Question 12

Enterprising Markets Coalition (EMC), a political lobbying group, wants a certain policy enacted into law. If EMC's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Accepted Answer

The answer of Enterprising Markets Coalition (EMC), a political lobbying...

Question 13

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

Accepted Answer

The term checks and balances refers to the idea that each branch of the government has some power to limit the actions of the others, preventing any one branch from becoming too powerful. This helps to maintain a balance of power between the branches, as outlined in the Constitution.

Question 14

Ulrich, a citizen of Virginia, wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc. A Washington state court is most likely to enforce such rights under

Accepted Answer

The full faith and credit clause requires states to give full faith and credit to the public acts, records, and judicial proceedings of other states. Since Ulrich is seeking to enforce a contract from Virginia in Washington, the Washington court would likely be required to give full faith and credit to any judgments entered in Virginia regarding the contract.

Question 15

Tami's Tasty Tacos, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Accepted Answer

The commerce clause gives Congress the power to regulate interstate commerce, and state laws that substantially burden or discriminate against interstate commerce can be considered unconstitutional. Therefore, Tami's Tasty Tacos can argue that the Utah state law violates the commerce clause if it imposes a significant burden on interstate commerce.

Question 16

Len, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates

Accepted Answer

The answer of Len, a citizen of Maryland, obtains a...

Question 17

The state of New York regulates private activities to protect or promote the public order, health, safety, and general welfare under its

Accepted Answer

The state of New York regulates private activities through its police powers, which allow it to promote and protect the public order, health, safety, and general welfare of its citizens. The other choices (taxing powers, spending powers, and supremacy powers) are not directly related to regulating private activities in this way.

Question 18

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow. The law includes a preemption provision. A device that goes through the process injures Joe, who files a claim under state law to recover. The court will most likely rule that

Accepted Answer

The preemption provision in the federal law means that it supersedes any state law claim. Therefore, the federal law preempts Joe's state law claim, and he will not be able to recover under state law.

Question 19

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues

Accepted Answer

The answer of The Motor Vehicle Insurance Association wants the...

Question 20

The police obtain a search warrant and search Errol's apartment. After yelling obscenities at the officers, Errol confesses to a crime and implicates his friends. The Constitution protects against

Accepted Answer

The Constitution protects against unreasonable searches, which is what is being done in this scenario. Errol's yelling obscenities and implicating others is not protected by the Constitution.

Quiz 4: Constitutional Authority to Regulate Business