Exam 2: Constitutional Law

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

Savers Mart, Inc., distributes its merchandise to retail outlets on an inter?state basis. Under the commerce clause, Congress has the power to regulate

The Arkansas 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 various 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?

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

In a country with a federal form of government, the national government and the states share sovereign power.

The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.

ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.

Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.

Under the Constitution, the judicial branch interprets the laws.

At least in theory, Congress can regulate every commercial enterprise in the United States.

Which of the following does not necessarily make material obscene?

The Fourteenth Amendment guarantees a right to due process of law.

California enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court to be

Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.

In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

Beachside City enacts an ordinance that bans the distribu?tion 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

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the