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

A) True
B) False

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The rights secured by the Bill of Rights are absolute.

A) True
B) False

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Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of


A) unprotected speech.
B) commercial speech.
C) symbolic speech.
D) illegal speech.

E) A) and D)
F) A) and C)

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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.

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

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The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches.

A) True
B) False

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Pat stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech


A) all of the time.
B) none of the time.
C) only if it is noncommercial.
D) only if it is symbolic.

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

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Beverly creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected


A) all of the time.
B) none of the time.
C) only if there are no accompanying ads.
D) only if the threats can be verified.

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

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

Correct Answer

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x-Games and YUTV cannot be convicted bec...

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

A) True
B) False

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


A) no one.
B) the states.
C) the national government.
D) the people.

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

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

A) True
B) False

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

A) True
B) False

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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) True
B) False

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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) not as extensive.
C) more extensive.
D) non-existent.

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

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

A) True
B) False

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


A) procedures used to make decisions to take life, liberty, or property.
B) the content of the statute.
C) the treatment of similarly situated individuals.
D) the steps to be taken to protect Orin's privacy.

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

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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

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

A) True
B) False

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The federal government has the power to regulate commercial activities among the states under


A) the commerce clause.
B) the privileges and immunities clause.
C) the full faith and credit clause.
D) the First Amendment.

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

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The Fifth Amendment allows persons to be deprived of property without due process of law.

A) True
B) False

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