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Exam 4: Constitutional Law

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Question 21

Multiple Choice

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Rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that Congress base all federal law on her religious principles. If Congress does so, it likely is violating

A) the establishment clause.
B) the equal protection clause.
C) the due process clause.
D) the free exercise clause.

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

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Question 22

Multiple Choice

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

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

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

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Question 23

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

If a restriction imposed by the government is content neutral, then it is not constitutionally protected.

Because the commerce clause only allows federal regulation of interstate commerce, it does not allow Congress to regulate decisions about hiring, workplace safety, or company finances.

A federal form of government is one in which the national government shares sovereign power with

State governments have the authority to regulate affairs within their borders.

The commerce clause justifies national regulation of noneconomic conduct.

To reduce traffic , Market Town enacts an ordinance that allows only street vendors selling clothing to operate in certain areas and street vendors selling food or other goods are not allowed in those areas. A court would likely review this ordinance under the principles of

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

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

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?

Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on

Symbolic speech is action that a reasonable person would think conveys a message.

Privacy rights are protected exclusively under federal laws and not under state statutes.

The U.S. Constitution does not explicitly mention a right to privacy.

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

Nonverbal expressive conduct is a constitutionally protected form of expression.

Restrictions on speech must be content neutral and reasonable .

Under the First Amendment, obscene speech is