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Exam 4: Constitutional Law

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Question 31

Multiple Choice

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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. They also refuse to obey it and take steps to prevent others from complying with it. Under the First Amendment, these individuals have a right to

A) petition the government.
B) refuse to obey any law with which they disagree.
C) stop others from complying with any law.
D) declare a statute unconstitutional.

E) A) and D)
F) All of the above

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Question 32

Multiple Choice

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Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be

A) constitutional under the First Amendment   because it is narrowly tailored to achieve a compelling government interest.
B) not subject to the U.S. Constitution.
C) unconstitutional under the commerce clause because it regulates activity that does not impact interstate commerce .
D) unconstitutional under the due substantive process clause because it limits a fundamental right.

E) B) and C)
F) All of the above

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Question 33

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Procedural due process focuses on the content of legislation .

Leah, a citizen of Maine, obtains a federal license to operate a commercial fishing boat in a certain area off the Maine coast. The Maine state legislature enacts a law that bans all commercial fishing in that area. Most likely, the state law violates

The U.S. Constitution divides powers among four branches of government.

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

The national government has the implied power to pass laws to carry out its expressly designated powers.

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

Interstate commerce crosses state lines and is under state jurisdiction.

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

The government may regulate religious practices for good reasons such as public welfare or public policy .

A federal regulation that substantially interferes with interstate commerce violates the commerce clause.

When there is a direct conflict between a federal law and a state law, both laws are invalid.

A law that that limits a fundamental right will not be held to violate substantive due process.

Oklahoma enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be

Steel Fabricators, Inc., markets its products to businesses and individual consumers on an interstate basis. Under the commerce clause, Congress has the power to regulate

Evelyn creates a website to post threatening messages about celebrities. The First Amendment protects such speech

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

Under the Ninth Amendment, people have no rights except those specified in the Constitution.

The commerce clause gives Congress the authority to regulate interstate commerce. The idea that this power is exclusive to the federal government is referred to as the