Chapter 2 Quiz

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Question #1

Metro City enacts an ordinance that bans the use of “sound amplifying systems” on public streets. Niles wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Niles’s suit against the city, a court would likely hold the ordinance to be

A justified by the need to protect individual rights.

B an unconstitutional restriction of speech.

C necessary to protect national interests.

D constitutional under the First Amendment.

Question #2

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of

A equal protection.

B free exercise.

C due process

D interstate commerce.

Question #3

Pharma Corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the First Amendment, Pharma’s “expression” is most likely

A prescribed.

B prohibited.

C discouraged.

D protected.

Question #4

Jon, a law enforcement official, monitors Kelsey’s Internet activities—e-mail and website visits—to gain access to her personal financial data and student information. This may violate Kelsey’s right to

A privileges and immunities.

B free speech.

C privacy.

D free exercise.

Question #5

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 without regard to how “far” it goes.

B and goes further than necessary to ensure full coverage.

C and goes no further than necessary to achieve its objective.

D and the parties affected by it can elect how “far” to go in applying it.

Question #6

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

A free speech.

B free exercise.

C equal protection.

D interstate commerce.

Question #7

Pat stands in front of Rogue’s Tavern, shouting “fighting words” that are likely to incite Rogue’s patrons to respond violently. The First Amendment protects such speech

A all of the time.

B only if it is noncommercial.

C none of the time.

D only if it is symbolic.

Question #8

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

A the President.

B Congress.

C the states.

D the courts.

Question #9

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

A non-existent.

B equally extensive.

C more extensive.

D not as extensive.

Question #10

Utah enacts a statute to ban advertising in “bad taste.” Most likely, a court would hold this statute to be

A constitutional under the First Amendment.

B an unconstitutional restriction of speech.

C justified by the need to protect individual rights.

D necessary to protect national interests.

Question #11

Centre City enacts an ordinance that bans the distribution of all printed materials on city streets. Diners Café opposes the city’s latest “revenue-enhancing” measure—a tax on prepared food sales—and wants to protest by distributing handbills. In Diners’ suit against the city, a court would likely hold the ban on printed materials to be

A unconstitutional under the First Amendment.

B not subject to the U.S. Constitution.

C constitutional under the First Amendment.

D unconstitutional under the commerce clause.

Question #12

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

A the administrative branch.

B the courts.

C Congress.

D the President.

Question #13

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by

A the full faith and credit clause.

B the commerce clause.

C the privileges and immunities clause.

D the supremacy clause.

Question #14

Mind Games Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as “excessively violent.” A court would likely hold this regulation to be

A justified by the need to protect individual rights.

B constitutional under the First Amendment.

C necessary to protect national interests.

D an unconstitutional restriction of speech.

Question #15

Book Stop, a bookstore in Capital City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely

A a violation of corporations’ rights to certain privileges.

B an invalid invasion of individuals’ privacy.

C constitutional under the First Amendment.

D an unconstitutional restriction of speech.

Question #16

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates

A the supremacy clause.

B the due process clause.

C no provision in the U.S. Constitution.

D the commerce clause.

Question #17

A statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against

A the state’s interest in regulating the matter.

B the purpose of interstate commerce.

C the federal government’s authority to regulate the matter.

D the statute’s impact on noneconomic activity.

Question #18

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

A not as extensive.

B equally extensive.

C more extensive.

D non-existent.

Question #19

Only Congress may pass a law in conflict with the Constitution.

A FALSE

B TRUE

Question #20

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

A FALSE

B TRUE

Question #21

When religious practices work against public policy, the government can act.

A FALSE

B TRUE

Question #22

A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.

A TRUE

B FALSE

Question #23

State regulatory powers are often referred to as police powers.

A FALSE

B TRUE

Question #24

The rights secured by the Bill of Rights are absolute.

A FALSE

B TRUE

Question #25

A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

A TRUE

B FALSE

Question #26

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.

A TRUE

B FALSE

Question #27

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down.

A FALSE

B TRUE

Question #28

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.

A TRUE

B FALSE

Question #29

The dormant commerce clause comes into play when state regulations affect interstate commerce.

A TRUE

B FALSE

Question #30

A law that that limits a fundamental right may be held to violate substantive due process.

A TRUE

B FALSE

Question #31

Procedural due process focuses on the content of legislation.

A FALSE

B TRUE

Question #32

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

A FALSE

B TRUE

Question #33

The free exercise clause prohibits the government from passing laws that have any impact on religion.

A FALSE

B TRUE

Question #34

If a restriction imposed on speech by the government is content neutral, then a court will not allow it.

A TRUE

B FALSE

Question #35

The national government has the implied power to undertake actions necessary to carry out its expressly designated powers.

A TRUE

B FALSE

Question #36

Equal protection means that the government must treat all individuals the same.

A TRUE

B FALSE

Question #37

Corporations enjoy many of the same rights and privileges as natural persons do.

A FALSE

B TRUE

Question #38

The commerce clause has had no greater impact on business than any other provision in the Constitution.

A FALSE

B TRUE

Question #39

Political speech by corporations falls within the protection of the First Amendment.

A TRUE

B FALSE

Question #40

Speech can be subject to reasonable restrictions.

A FALSE

B TRUE

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