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Exam 4: Business and the Constitution

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Question 1

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Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane.SITA will most likely be

A) rendered invalid under the supremacy clause.
B) held to be valid under the equal protection clause.
C) struck down under the taxing and spending clause.
D) upheld under the commerce clause.

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

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C

Question 2

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The First Amendment does not require a complete separation of church and state.

A) True
B) False

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Question 3

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Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled.This law would likely be held by a court to be

The full faith and credit clause prevents a state from imposing unreasonable burdens on citizens of another,particularly with regard to means of doing business.

Pretexting is the process of obtaining information by false means.

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 Wisconsin 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 xGamez,Inc.,orders xGamez marketers to place ads in various media.When an xGamez ad appears on YUTV,a local television station,xGamez and YUTV are charged with violating the statute.What is the defendants' best defense against a conviction

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

The Pennsylvania Consumer Protection Agency (PCPA)investigates the marketing practices of Respond Now!,Inc.The PCPA serves a subpoena on Respond Now!,ordering the firm to provide certain business records,including its marketing agreements with other companies.Respond Now! refuses to comply with the subpoena.On what is the company most likely basing its refusal Is a court likely to support this position Why or why not

Generally,government inspectors do not have the right to enter business premises without a warrant.

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

Traditionally,the courts have protected the right to free speech to the fullest extent possible.

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

Taco Hot Dogs,Inc.,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is

Coffee Klatch Party Group,a political organization,files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials.This claim is most likely based on the right to

Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States.The Washington state legislature enacts a law allowing the sale of Indonesian-made toys.Washington's law will most likely be

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway.Congress can spend revenues

Mariah creates a t-shirt design that expresses support for Nathan,a presidential candidate,and distributes t-shirts imprinted with the design to her friends.The t-shirts are an example of

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

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level.Price-Lo Mart files a suit to block the law's enforcement.The court would likely hold that this law violates