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Exam 4: Constitutional Law

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Question 21

Multiple Choice

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

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.

E) A) and C)
F) None of the above

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Question 22

Multiple Choice

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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.

E) A) and D)
F) B) and C)

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Question 23

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

The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems.Congress can spend revenue​ 

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​ 

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

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights.This claim focuses on​ 

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional.They write and sign a petition to the government to repeal the law,refuse to obey the law,and stop others from complying with the law.Under the First Amendment,these individuals have a right to​ 

The Constitution permits Congress to regulate interstate commerce. 

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.All other powers are expressly reserved to​ 

Under the Constitution,the judicial branch is responsible for foreign affairs. 

Speech-oral,written,or symbolized by conduct-is not subject to restrictions. 

The U.S.Constitution explicitly mentions a general right to privacy. 

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

Bree,a citizen of California,obtains a federal license to operate a commercial fishing boat in a certain area off the Northern California coast.The California state legislature enacts a law that bans all commercial fishing in that area.The state law most likely violates​ 

State laws protect individuals' privacy rights. 

The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power. 

Jim operates Jim's Fruits & Vegetables,a small market stocked entirely with produce grown on his adjacent farm.Under what clause of the Constitution can the federal government regulate Jim's activities? What is Jim's best argument against federal regulation of his farm and business?​

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?​

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause.