Exam 4: Constitutional Authority to Regulate Business

A 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 Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Myra claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

The executive branch can regulate any activity that substan?tially af?fects interstate commerce.

Kansas enacts a law requiring all businesses in the state to donate 10 per?cent 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

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

The First Amendment protects symbolic speech.

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and impli?cates his friends. The Constitution protects against

Under the Constitution, the legislative branch of the government

Congress enacts the Tight Money Act (TMA) of 2006 to ban "major busi?ness entities" from making political contri?bu?tions that individuals can make. A court would likely hold the TMA to be

Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be

South Carolina enacts a statute to impose a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this to be

The Alabama Consumer Protection Agency (ACPA) investigates the marketing practices of Beta Sales, Inc. The ACPA serves a subpoena on Beta, ordering the firm to provide certain business records, including its marketing agreements with other companies. Beta refuses to comply with the subpoena. On what is Beta most likely basing its refusal? Is a court likely to support Beta's position? Why or why not?

Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute

Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted by

A government law that restricts a fundamental right will be held to vio?late substantive due pro?cess unless it promotes a compelling or overrid?ing state interest.

The state of New York regulates private activities to protect or promote the public or?der, health, safety, and general welfare under its

The courts make the final determination on issues involving constitutional interpretation.

Under the commerce clause, a state may charge a higher tax on out-of-state products shipped to in-state locations.

The Federal Communications Commission imposes a regulation that prohibits all businesspersons from appearing in their own television commercials. A court is most likely to hold this regulation