Question

In: Accounting

1-Pat stands in front of Rooster’s Round-Up Café, shouting “fighting words” that are likely to incite...

1-Pat stands in front of Rooster’s Round-Up Café, shouting “fighting words” that are likely to incite Rooster’s patrons to respond violently. The First Amendment protects such speech

a.

only if it is symbolic.

b.

only if it is noncommercial.

c.

all of the time.

d.

none of the time.

2-Rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Rita is guaranteed

a.

the right to fair payment for her podcast.

b.

the right to a review of her opinion in due process.

c.

the power to delegate her view to the federal government.

d.

the freedoms of religion and speech

3-The state of Ohio can regulate building contractors and building codes in the state under its

a.

commerce power.

b.

system of checks and balances.

c.

entitlement to full faith and credit.

d.

police powers.

4- Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

a.

the President.

b.

the administrative branch.

c.

the courts.

d.

Congress.


5-Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

a.

only the conduct of the states.

b.

federal and state actions.

c.

only the claims of individuals.

d.

only the power of the federal government.

6-Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on

a.

the steps to be taken to protect Orin's privacy.

b.

the treatment of similarly situated individuals.

c.

the content of the statute.

d.

procedures used to make decisions to take life, liberty, or property.

7-Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

a.

the President.

b.

the courts.

c.

the states.

d.

Congress.

8-River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of

a.

free exercise.

b.

due process

c.

equal protection.

d.

interstate commerce.


9-Oklahoma enacts a statute to ban advertising in “bad taste.” Most likely, a court would hold this statute to be

a.

an unconstitutional restriction of speech.

b.

necessary to protect national interests.

c.

justified by the need to protect individual rights.

d.

constitutional under the First Amendment.


10-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 higher limits. Under the U.S. Constitution

a.

both the rule and the law are invalid.

b.

the EPA rule takes precedence.

c.

both the rule and the law apply concurrently.

d.

the California law takes precedence.

Solutions

Expert Solution

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1-Pat stands in front of Rooster’s Round-Up Café, shouting “fighting words” that are likely to incite Rooster’s patrons to respond violently. The First Amendment protects such speech
d. none of the time.
The First Amendment protects the right of a person if engaged in political speech or advocacy.
2-Rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Rita is guaranteed
d. the freedoms of religion and speech.
The First Amendment protects the right of a person if engaged in political speech or advocacy irrespective of a particular issue or public official or candidate or office .
3-The state of Ohio can regulate building contractors and building codes in the state under its
d. police powers..
4- Generally, given the broad language of the Constitution, the line between state and national powers is often determined by
c. the courts.
5-Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
d. only the power of the federal government.
6-Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on
c. the content of the statute.
7-Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of
d. Congress.
8-River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of
a. free exercise i.e. first amendment.
9-Oklahoma enacts a statute to ban advertising in “bad taste.” Most likely, a court would hold this statute to be
a. an unconstitutional restriction of speech as the advertising is not misleading or restricting.
10-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 higher limits. Under the U.S. Constitution
b. the EPA rule takes precedence

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