Question 1

Explain the system of checks and balances and how it works.

Accepted Answer

The answer of Explain the system of checks and balances...

Question 2

Explain the concept of the "dormant commerce clause."

Accepted Answer

The answer of Explain the concept of the "dormant commerce...

Question 3

Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.

Accepted Answer

The answer of Christen who just turned eighteen is out...

Question 4

What was the result at the federal appellate court level in Trunk v. San Diego, the case in the text involving whether the presence of a cross on federal land near a Korean War memorial violated the First Amendment? A) The court ruled that the presence of the cross violated the First Amendment. B) The court ruled that the presence of the cross did not violate the First Amendment because the cross promoted the service of veterans, not a religion. C) The court ruled that the presence of the cross did not violate the First Amendment because it was initially erected by private parties and had historical significance. D) The court ruled that the presence of the cross did not violate the First Amendment because although it was erected by public authorities, it had historical significance independent of its governmental ties. E) The court ruled that the presence of the cross did not violate the First Amendment because although it did promote a particular religion, that religion was practiced by large numbers of the surrounding citizens.

Accepted Answer

According to the Ninth Circuit, "the prominence of the Cross in the Memorial, leads us to conclude that a reasonable observer would perceive the Memorial as projecting a message of religious endorsement, not simply secular memorialization," and the memorial was therefore found to violate the establishment clause.

Question 5

Which of the following is true regarding the ability of individual states to collect sales tax on Internet transactions?
A) Individual states may without restriction collect sales tax from merchants on items purchased through the Internet by in-state residents.
B) Only with permission of Congress, granted on a state-by-state basis, may individual states collect from merchants sales tax on items purchased through the Internet by in-state residents.
C) States cannot collect sales tax on Internet sales from merchants nor may a state require that its citizens report Internet purchases so that they may be taxed.
D) A state cannot collect sales tax from merchants unless sales to the state's citizens amount to more than 1 million in the aggregate.
E) A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state.

Accepted Answer

Sales taxes are a large source of revenue for state governments, but states can require that a business submit sales tax payments only if the business has a store or distribution center in the state.

Question 6

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Accepted Answer

The answer of When is a strict-scrutiny standard used to...

Question 7

Set forth the Central Hudson Test for Commercial Speech.

Accepted Answer

The answer of Set forth the Central Hudson Test for...

Quiz 5: Constitutional Principles

Explain the system of checks and balances and how it works.

Explain the concept of the "dormant commerce clause."

What was the result at the federal appellate court level in Trunk v. San Diego, the case in the text involving whether the presence of a cross on federal land near a Korean War memorial violated the First Amendment?

Which of the following is true regarding the ability of individual states to collect sales tax on Internet transactions?

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Set forth the Central Hudson Test for Commercial Speech.