Question 1

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

Accepted Answer

A)  ​equally extensive. 
B)  ​less extensive. 
C)  ​more extensive. 
D)  ​non-existent. 
A)  ​equally extensive. 
B)  ​less extensive. 
C)  ​more extensive. 
D)  ​non-existent. D

Question 2

The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?​

Accepted Answer

GMI and HDTV cannot be convicted because a state legislature cannot enact a statute that restricts commercial speech (in this problem, marketing video games) to this extent. The First Amendment protects commercial speech.
Commercial speech is not protected as much as noncommercial speech, however, so states can place some restraints on the former. For example, to protect consumers, a state may ban certain kinds of marketing practices, such as deceptive or misleading advertising. Generally, a restriction on commercial speech will be considered valid as long as it (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish the objective. Here, the complete ban on video ads "because the games might be harmful to minors" is too restrictive: it goes too far in attempting to protect minors for an apparently unsubstantiated purpose.

Question 3

Some constitutional protections apply to business entities.

Accepted Answer

A) True 
 B)False  True

Question 4

Under the Constitution, the judicial branch interprets the laws.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A)  ​all of the time. 
B)  ​none of the time. 
C)  ​only if it is noncommercial. 
D)  ​only if it is symbolic.. 
A)  ​all of the time. 
B)  ​none of the time. 
C)  ​only if it is noncommercial. 
D)  ​only if it is symbolic..

Question 6

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

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. 
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.

Question 7

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

Accepted Answer

A)  ​is expressly prohibited by the Constitution. 
B)  ​does no substantially burden free speech. 
C)  ​is subject to reasonable restrictions under the due process clause. 
D)  ​is given strict scrutiny under the equal protection clause. 
A)  ​is expressly prohibited by the Constitution. 
B)  ​does no substantially burden free speech. 
C)  ​is subject to reasonable restrictions under the due process clause. 
D)  ​is given strict scrutiny under the equal protection clause.

Question 8

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

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. 
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.

Question 9

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Accepted Answer

A) True 
 B)False

Question 10

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

Accepted Answer

A)  ​all of the time. 
B)  ​none of the time. 
C)  ​only if it is noncommercial. 
D)  ​only if it is symbolic. 
A)  ​all of the time. 
B)  ​none of the time. 
C)  ​only if it is noncommercial. 
D)  ​only if it is symbolic.

Question 11

The establishment clause requires a complete separation of church and state.

Accepted Answer

A) True 
 B)False

Question 12

The national government can regulate almost every commercial enterprise in the United States.

Accepted Answer

A) True 
 B)False

Question 13

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

Accepted Answer

A)  ​dormant aspect. 
B)  ​regulatory aspect. 
C)  ​substantive aspect. 
D)  ​exclusive aspect. 
A)  ​dormant aspect. 
B)  ​regulatory aspect. 
C)  ​substantive aspect. 
D)  ​exclusive aspect.

Question 14

In a federal form of government, the national government does not share sovereign power with the states.

Accepted Answer

A) True 
 B)False

Question 15

Federal legislation can affect how businesses compete.

Accepted Answer

A) True 
 B)False

Question 16

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

Accepted Answer

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. 
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.

Question 17

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

Accepted Answer

A)  ​Congress. 
B)  ​a federal court. 
C)  ​the President. 
D)  ​none of the choices. 
A)  ​Congress. 
B)  ​a federal court. 
C)  ​the President. 
D)  ​none of the choices.

Question 18

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the states.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) Congress writes checks and the other branches balance the budget. 
B) each branch has some power to limit the actions of the others. 
C) the courts balance their authority to the other branches’ checklists. 
D) the president “checks” the courts, which “balance” the laws. 
A) Congress writes checks and the other branches balance the budget. 
B) each branch has some power to limit the actions of the others. 
C) the courts balance their authority to the other branches’ checklists. 
D) the president “checks” the courts, which “balance” the laws.

Question 20

Bob, the president of Commerce & Trade, Inc., claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

Accepted Answer

A)  ​none of the choices. 
B)  ​the federal government. 
C)  ​private citizens and corporations. 
D)  ​the states. 
A)  ​none of the choices. 
B)  ​the federal government. 
C)  ​private citizens and corporations. 
D)  ​the states.

Exam 2: Constitutional Law

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

Some constitutional protections apply to business entities.

Under the Constitution, the judicial branch interprets the laws.

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

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 federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

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

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

The establishment clause requires a complete separation of church and state.

The national government can regulate almost every commercial enterprise in the United States.

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

In a federal form of government, the national government does not share sovereign power with the states.

Federal legislation can affect how businesses compete.

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the states.

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

Bob, the president of Commerce & Trade, Inc., claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

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