BUSI 3345 – Ch. 2 – Constitutional Law – Flashcards
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In the Bill of Rights, the provision that prohibits the government from establishing a state-sponsored religion, as well as from passing laws that promote religion or that show a preference for one religion over another is called the
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establishment clause
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California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be
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an unconstitutional restriction of speech
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T/F Under the Constitution, the judicial branch interprets the laws.
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True
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T/F The Constitution provides for three branches of government.
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True
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T/F The commerce clause has been very strictly interpreted to limit government interference with interstate commerce.
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False
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T/F A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.
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True
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T/F Based on the provisions of the First Amendment and on the current status of the common law, a business owner should never put up a traditional Christmas tree in December.
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False
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Under the Constitution, Congress
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makes the laws.
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T/F The First Amendment does not protect commercial speech as extensively as noncommercial speech.
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True
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T/F Because of the free exercise clause found in the Bill of Rights, individuals are free to exercise their religion even if their actions violate the law.
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False
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T/F The right to free speech is an absolute right.
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False
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In 2010, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid
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if it directly advances a substantial government interest but goes no further than necessary.
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T/F Because the Constitution does not specifically state a right to privacy, this right is denied to people.
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False
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T/F Commercial speech has always been protected by the 1st Amendment.
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False
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Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be
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an unconstitutional restriction of speech
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In an equal protection clause analysis, what standard is applied when a law or action inhibits some persons' exercise of a fundamental right?
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strict scrutiny
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T/F Theoretically, Congress may regulate any activity that substantially affects interstate commerce.
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True
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T/F The federal government retains all powers not specifically delegated to the states.
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False
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T/F A state law that conflicts with the U.S. Constitution should be deemed unconstitutional if challenged in court.
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True
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Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit
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the federal government only
