Ch. 2 Flashcards
State governments do not have any authority to regulate interstate commerce.
false
The free exercise clause prohibits the government from passing laws that have any impact on religion.
false
the bill of rights embodies
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 rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car’s exhaust system. California state law prescribes much lower limits. Under the U.S. Constitution
Local governments, including cities, exercise police powers.
true
The Fifth Amendment allows persons to be deprived of property without due process of law.
Kim operates Kim’s Fruits & Vegetables, a small market stocked entirely with produce grown on her 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 her farm and business?
The federal government can regulate Kim’s Fruits & Vegetables under the Commerce Clause. For the federal government not to have jurisdiction, Kim’s business needs to be purely local and not cross state lines.
A federal form of government is one in which the national government shares sovereign power with
Only Congress may pass a law in conflict with the Constitution.
The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights.
true
Privacy rights receive no protection under federal law.
Equal protection means that the government must treat all individuals the same.
Utah enacts a statute to ban advertising in “bad taste.” Most likely, a court would hold this statute to be
an unconstitutional restriction of speech.
Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected
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.
Alix posts a podcast on the Believe! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Alix is guaranteed
The dormant commerce clause comes into play when state regulations affect interstate commerce.
Kansas 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. Lo-Price Stores files a suit to block the law’s enforcement. The court would likely hold that this law violates
The federal government has the power to regulate commercial activities among the states under
the commerce clause
Dom burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. Dom’s conduct is most likely
Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.
true
When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.
Rory, the chief executive officer of Spout Off Inc., a website for short rants, claims that certain state and federal government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
federal and state actions.
If a restriction imposed on speech by the government is content neutral, then a court will not allow it.
Under the privileges and immunities clause, the federal government has the power to regulate commercial activities among the states.
false
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
and goes no further than necessary to achieve its objective.
A law that that limits a fundamental right may be held to violate substantive due process.
true
Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by
the supremacy clause.
The state of Florida can regulate building contractors and building codes in the state under its
police powers.
Nonverbal expression of belief is not a constitutionally protected form of expression.
false
The U.S. Constitution divides powers among four branches of government.
false
Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is
equally extensive.
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
the states
The rights secured by the Bill of Rights are absolute.
false
