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The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.

A) True
B) False

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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


A) the rule and the law are invalid.
B) the rule and the law apply equally.
C) the state law takes precedence.
D) the federal rule takes precedence.

E) A) and D)
F) B) and D)

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

A) True
B) False

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False

State regulatory powers are often referred to as police powers.

A) True
B) False

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Under the U.S. Constitution, Congress has the power to regulate


A) every commercial enterprise in the United States.
B) only intrastate commercial enterprises.
C) only local commercial enterprises.
D) only non-commercial activities.

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

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

A) True
B) False

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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) discouraged.
B) prohibited.
C) protected.
D) prescribed.

E) All of the above
F) None of the above

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

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

A) True
B) False

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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


A) no clause in the U.S. Constitution.
B) the establishment clause.
C) the free exercise clause.
D) the supremacy clause.

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

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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


A) the power to delegate her view to the federal government.
B) the right to fair payment for her podcast.
C) the right to a review of her opinion in due process.
D) the freedoms of religion and speech.

E) All of the above
F) None of the above

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

A) True
B) False

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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) and goes no further than necessary to achieve its objective.
B) without regard to how "far" it goes.
C) and the parties affected by it can elect how "far" to go in applying it.
D) and goes further than necessary to ensure full coverage.

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

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A

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) equal protection.
B) free exercise.
C) interstate commerce.
D) free speech.

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

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Power Company creates a t-shirt design to express support for state tax credits favoring the use of energy-efficient products. The firm distributes the t-shirts to many of its customers. The t-shirts are an example of


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

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

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The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights.

A) True
B) False

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True

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) an unconstitutional restriction of speech.
B) constitutional under the First Amendment.
C) justified by the need to protect individual rights.
D) necessary to protect national interests.

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

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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

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Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

A) True
B) False

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

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

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