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Vacation Village enacts an ordinance to allow only a few street vendors to operate in certain areas,for the purpose of reducing traffic.A court would likely subject this ordinance to


A) a police power test under the commerce clause.
B) a "rational basis" test under the equal protection clause.
C) intermediate scrutiny under the due process clause.
D) strict scrutiny under the First Amendment.

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

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Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S.Food and Drug Administration to follow.The law includes a preemption provision.Joe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury.The court will most likely rule that


A) Joe's state law claim preempts the federal law.
B) the federal law and state law claim are concurrent.
C) the federal and state law claim cancel each other out.
D) the federal law preempts Joe's state law claim.

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

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Wisconsin,like other states,may regulate private activities to protect or promote the public order,health,safety,and general welfare under its


A) police powers.
B) taxing powers.
C) spending powers.
D) supreme powers.

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

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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


A) rendered invalid under the supremacy clause.
B) rendered valid the free exercise clause.
C) struck down under the due process clause.
D) upheld under the commerce clause.

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

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Any person can ask for copies of any information on that person contained in federal government files.

A) True
B) False

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A Rhode Island state statute imposes a prison term,without a trial,on all street vendors who operate in certain areas.A court would likely hold this statute to be


A) constitutional under the due process clause.
B) constitutional under the equal protection clause.
C) unconstitutional under the due process clause.
D) unconstitutional under the equal protection clause.

E) B) and D)
F) All of the above

Correct Answer

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The Bill of Rights confers absolute rights,not subject to interpretation by the United States Supreme Court.

A) True
B) False

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Expression of all kinds is subject to reasonable restrictions.

A) True
B) False

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Tori 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


A) impinges on citizens' private activities.
B) imposes a substantial burden on interstate commerce.
C) imposes a substantial burden on the state.
D) promotes the public order, health, safety, morals, or general welfare.

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

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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


A) neither Delaware nor the federal government.
B) the federal government only.
C) Delaware and the federal government.
D) Delaware only.

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

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A restriction on commercial speech that implements a substantial government interest may be valid.

A) True
B) False

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Oklahoma 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.PriceLess 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) B) and C)
F) A) and D)

Correct Answer

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