Question 1

The Establishment Clause of the U.S.Constitution allows the federal government to establish which religions are entitled to protection.

Accepted Answer

A) True 
 B)False

Question 2

The Ku Klux Klan has announced that it wishes to conduct a parade though "Anytown",USA.Despite assurances that the intent of the parade is to conduct a peaceful march and passive demonstration,the majority of citizens in "Anytown" do not want the parade to take place.Can the governing body in "Anytown" prohibit the parade? What are the constitutional ramifications that must be considered with regard to freedom of speech?

Accepted Answer

Although most people would consider the

Question 3

The United States Supreme Court has held that the content of offensive speech may not be forbidden,but that it may be restricted by the government under reasonable time,place,and manner restrictions.

Accepted Answer

A) True 
 B)False

Question 4

Under what circumstances can a state impose a tax on goods that are imported from other nations?

Accepted Answer

A)  in any circumstance 
B)  if the tax does not conflict with any valid federal law 
C)  if the amount of the tax is reasonable 
D)  if the tax is also applied equally to the same type(s) of goods produced domestically 
E)  in no circumstance 
A)  in any circumstance 
B)  if the tax does not conflict with any valid federal law 
C)  if the amount of the tax is reasonable 
D)  if the tax is also applied equally to the same type(s) of goods produced domestically 
E)  in no circumstance

Question 5

Which of the following is part of the United States Supreme Court's test for obscene speech,as established in Miller v.California?

Accepted Answer

A)  The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. 
B)  The work depicts or describes, in an implicit way, sexual conduct generally defined by applicable international law. 
C)  The work, taken in part, lacks any literary, artistic, political, or scientific value. 
D)  A reasonable person, applying traditional community standards, would find that the work, in whole or in part, appeals to the salient interest. 
E)  The work, taken as a whole, substantially interferes with interstate commerce. 
A)  The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. 
B)  The work depicts or describes, in an implicit way, sexual conduct generally defined by applicable international law. 
C)  The work, taken in part, lacks any literary, artistic, political, or scientific value. 
D)  A reasonable person, applying traditional community standards, would find that the work, in whole or in part, appeals to the salient interest. 
E)  The work, taken as a whole, substantially interferes with interstate commerce.

Question 6

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is not a right guaranteed by the Bill of Rights?

Accepted Answer

A)  the right to freedom of speech 
B)  the privilege against self-incrimination 
C)  the right to a jury trial in a criminal case 
D)  the prohibition against double jeopardy 
E)  the right to equal protection under the law 
A)  the right to freedom of speech 
B)  the privilege against self-incrimination 
C)  the right to a jury trial in a criminal case 
D)  the prohibition against double jeopardy 
E)  the right to equal protection under the law

Question 8

The Constitution reserves the right of the federal government to regulate interstate commerce.This is an example of:

Accepted Answer

A)  federalism. 
B)  an enumerated power. 
C)  a Supremacy Clause application. 
D)  equal protection. 
E)  nationalism. 
A)  federalism. 
B)  an enumerated power. 
C)  a Supremacy Clause application. 
D)  equal protection. 
E)  nationalism.

Question 9

In relation to freedom of speech:

Accepted Answer

A)  all speech receives the same degree of constitutional protection. 
B)  it is not an absolute right. 
C)  commercial speech receives no protection due to its profit motive. 
D)  most speech critical of the government can be restricted because such speech can be destabilizing. 
E)  commercial speech receives the same protection as any other form of speech. 
A)  all speech receives the same degree of constitutional protection. 
B)  it is not an absolute right. 
C)  commercial speech receives no protection due to its profit motive. 
D)  most speech critical of the government can be restricted because such speech can be destabilizing. 
E)  commercial speech receives the same protection as any other form of speech.

Question 10

Procedural due process requires that the government must give a person proper notice and hearing of the legal action before that person is deprived of his or her life,liberty,or property.

Accepted Answer

A) True 
 B)False

Question 11

The lawfulness of government classifications based on sex is examined using an intermediate scrutiny test.

Accepted Answer

A) True 
 B)False

Question 12

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the Supremacy Clause.

Accepted Answer

A) True 
 B)False

Question 13

Under the Fourteenth Amendment to the U.S.Constitution:

Accepted Answer

A)  prohibition was established. 
B)  the power to regulate interstate commerce was granted to Congress. 
C)  Congress was given the power to put reasonable restrictions on commercial speech. 
D)  the protections in the Bill of Rights were specifically made applicable to state governments. 
E)  Congress was given power to put reasonable restrictions on religious freedom. 
A)  prohibition was established. 
B)  the power to regulate interstate commerce was granted to Congress. 
C)  Congress was given the power to put reasonable restrictions on commercial speech. 
D)  the protections in the Bill of Rights were specifically made applicable to state governments. 
E)  Congress was given power to put reasonable restrictions on religious freedom.

Question 14

The police power permits states to enact laws to protect or promote the public health,safety,morals,and general welfare.

Accepted Answer

A) True 
 B)False

Question 15

In Virginia State Board of Pharmacy v.Virginia Citizens Consumer Council,Inc.,the United States Supreme Court held that a state statute that prohibited a pharmacist from advertising the price of prescription drugs was unconstitutional because it violated the Freedom of Speech Clause.

Accepted Answer

A) True 
 B)False

Question 16

Assume that the State of Michigan passes a statute that grants all residents who purchase a brand new automobile made in Michigan a $2,000 credit on state sales tax.It is most likely true that:

Accepted Answer

A)  an equal protection claim would be evaluated using strict scrutiny. 
B)  because the statute gives the tax credit only to Michigan residents who purchase a car made in Michigan, and this is a purely intrastate issue, there is no violation of the commerce clause. 
C)  there is a procedural due process violation. 
D)  this statute probably violates the commerce clause. 
E)  there is a First Amendment violation. 
A)  an equal protection claim would be evaluated using strict scrutiny. 
B)  because the statute gives the tax credit only to Michigan residents who purchase a car made in Michigan, and this is a purely intrastate issue, there is no violation of the commerce clause. 
C)  there is a procedural due process violation. 
D)  this statute probably violates the commerce clause. 
E)  there is a First Amendment violation.

Question 17

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the work must depict or describe,in a mildly offensive way,sexual conduct specifically defined by state law.

Accepted Answer

A) True 
 B)False

Question 18

Substantive due process requires that:

Accepted Answer

A)  a notice and hearing be given before one is deprived of life, liberty or property. 
B)  a criminal defendant have an attorney present at all times. 
C)  a law treat all persons the same. 
D)  government statutes, ordinances and regulations be clear and not overly broad. 
E)  a defendant not be tried twice for the same crime 
A)  a notice and hearing be given before one is deprived of life, liberty or property. 
B)  a criminal defendant have an attorney present at all times. 
C)  a law treat all persons the same. 
D)  government statutes, ordinances and regulations be clear and not overly broad. 
E)  a defendant not be tried twice for the same crime

Question 19

Any powers not delegated to either the federal government or the states are shared by the federal and state governments.

Accepted Answer

A) True 
 B)False

Question 20

Article I of the United States Constitution establishes the executive branch of government.

Accepted Answer

A) True 
 B)False

Exam 2: Constitutional Law for Business and E-Commerce

The Establishment Clause of the U.S.Constitution allows the federal government to establish which religions are entitled to protection.

The United States Supreme Court has held that the content of offensive speech may not be forbidden,but that it may be restricted by the government under reasonable time,place,and manner restrictions.

Under what circumstances can a state impose a tax on goods that are imported from other nations?

Which of the following is part of the United States Supreme Court's test for obscene speech,as established in Miller v.California?

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

Which of the following is not a right guaranteed by the Bill of Rights?

The Constitution reserves the right of the federal government to regulate interstate commerce.This is an example of:

In relation to freedom of speech:

Procedural due process requires that the government must give a person proper notice and hearing of the legal action before that person is deprived of his or her life,liberty,or property.

The lawfulness of government classifications based on sex is examined using an intermediate scrutiny test.

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the Supremacy Clause.

Under the Fourteenth Amendment to the U.S.Constitution:

The police power permits states to enact laws to protect or promote the public health,safety,morals,and general welfare.

In Virginia State Board of Pharmacy v.Virginia Citizens Consumer Council,Inc.,the United States Supreme Court held that a state statute that prohibited a pharmacist from advertising the price of prescription drugs was unconstitutional because it violated the Freedom of Speech Clause.

Assume that the State of Michigan passes a statute that grants all residents who purchase a brand new automobile made in Michigan a $2,000 credit on state sales tax.It is most likely true that:

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the work must depict or describe,in a mildly offensive way,sexual conduct specifically defined by state law.

Substantive due process requires that:

Any powers not delegated to either the federal government or the states are shared by the federal and state governments.

Article I of the United States Constitution establishes the executive branch of government.

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