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95. Which areas of commercial speech are fully and constitutionally regulated?
a. political donation
b. corporate campaigns on issues with referenda
c. speech on social issues
d. All of the above are fully and constitutionally regulated.
96. Jamie has been accused of plagiarizing his sociology term paper from an Internet site. His professor has given him
a failing grade and there is no right to a hearing or an appeal. Jamie asks, “What rights do I have?”
a. Some form of due process: hearing or vote or right of appeal to an administrator or board.
b. No rights because Jamie goes to a private school.
c. No rights because it is the teacher’s decision only.
d. none of the above
97. Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet
merchant?
a. having an office in the state
b. having an employee who works in the state
c. owning or leasing property in the state
d. All of the above constitute a qualifying presence.
98. In which of the following areas of constitutional law is the balancing test used?
a. state police powers
b. Congressional regulation of commerce
c. preemption
d. The balancing test is used in all of the above areas of constitutional law.
99. In which of the following areas of constitutional law is the nexus test used?
a. state police powers
b. state regulation of commerce
c. state taxation of commerce
d. All of the above areas use the nexus test.
100. State and local governments can exercise eminent domain under the Kelo decision:
a. only when there is a clear public purpose use proposed for the land being taken.
b. if there is a plan for economic development or revitalization.
c. only if the land will be used by another public entity.
d. both a and c
101. Contributions to PACs are protected by:
a. the due process clause.
b. the First Amendment.
c. various state laws, but not protected at the federal level.
d. none of the above
102. Janis Hoffman was involved in a tailgate brawl that took place in the parking lot of State U just prior to one of
State’s football games. Janis and others have charges pending with the county attorney. State U has filed charges
against Janis and the others for violation of State U’s code of conduct that prohibits disorderly conduct on university
property. She has been suspended for a semester. When she requested a hearing she was told that the charges by
the county were sufficient proof for her university misconduct charges.
a. State U officials are correct; the criminal charges will give Janis her due process.
b. State U officials must still provide Janis with a hearing on the University charges.
c. The University charges will not stand until Janis is convicted.
d. both b and c
103. The State of Louisiana's Sunday closing law provides that "all stores, shops, saloons, and all places of public
business, licensed under the law of Louisiana or under any parochial or municipal law, shall be closed on Sunday."
The statute had 25 exemptions including drug stores, hotels, restaurants, theaters, the 1984 Exposition, and stores
occupying a space of 1,500 square feet or less. Home Depot wishes to challenge the closing law on its
constitutionality. What constitutional provisions would apply?
104. The city of Renton, Washington, has passed an ordinance that prohibits adult motion picture theaters from locating
within 1,000 feet of any residential zone, single- or multiple-family dwelling, church, park, or school. Several
businesses have brought suit challenging the constitutionality of the ordinance. What would be the basis for such a
suit? Discuss possible results.
105. Trailer-on-flatcar (TOFC or "piggyback") service is a form of mixed train and truck transportation that enables a
carrier to transport a trailer and its contents over rail on a flatcar and then to haul the trailer on the highway. The
shipment remains within the trailer during the entire journey. The Interstate Commerce Commission (ICC) prohibits
states from regulating this mode of shipment since the ICC has extensive regulations in the rail and interstate
trucking industry. Discuss the constitutional implications of this decision.
106. The Lake Nixon Club near Little Rock, Arkansas, had a racial restriction on the use of its 232-acre amusement
area, which included areas for swimming, boating, sunbathing, picnicking, miniature golf, and snack bars. Discuss
how an interstate commerce connection might be found so that the federal civil rights act could be used to
invalidate the restriction.
107. Discuss the ruling and the importance of Citizen’s United.
108. The state of Arizona follows a merit review process of proposed securities offerings. The Securities Division
reviews proposed offerings to look for problems with fraud. This review is done in addition to the SEC review at
the federal level. The state regulators have recently issued an interpretation that provides the state can stop all
stock offerings of any firms doing business in Arizona - even if the stock will not be sold to Arizona residents. Can
the regulators constitutionally exercise this power?
109. The state of Arizona has passed a tax reform bill that taxes property owners at a specified rate with the exception
of mines and utilities. Both mines and utilities are assigned a higher rate of tax for their properties. A state legislator
commented on the bill, "In some of these small towns, without the higher rate of taxation for mines and utilities, the
schools in these towns would suffer because the property is worth nothing and there are no property tax dollars
coming in. We have to tax these area's wealthiest citizens at a different rate and those citizens happen to be the
mining companies and the public utilities." Is the tax constitutional?
110. The state of Arizona has passed a law requiring state agencies to conduct their business with the public in both
Spanish and English. A voters' referendum repealed the law and several citizens' groups brought suit challenging
the referendum as a violation of their U.S. Constitutional rights. What would be the basis of their suit?
111. Match the following with the correct letter:
(1) Article III
(2) Fifth Amendment
(3) First Amendment
(4) Fourteenth Amendment
a. Due process protection at the state level
b. Due process protection at the federal level
c. Freedom of speech
d. Federal court system
112. Explain why a federal statute that permits federal suits against defendants who have committed crimes against
women is unconstitutional while civil rights laws are considered constitutional.
113. Analyze and discuss why the top corporate and trade PACs are the top political contributors.
114. Bailey’s Brake Service, a bit of an eyesore at a main intersection near the faltering downtown area of Mesa,
Arizona, was a family-founded, owned and operated business that had been open in its existing location since 1970.
Lenhardt’s True Value Hardware store was also a longstanding Mesa business with a location south and east of
Bailey’s and a desire for a better location as well as a professed desire to revitalize Mesa’s downtown area. The
Lenhardts had purchased the property abutting Bailey’s but felt that the street-facing Bailey’s property was
necessary for its location, location, location.
The city fathers and mothers were in favor of condemnation of the Bailey use, a taking by eminent domain,
followed by a “reissuing” of the once Bailey property to Lenhardt’s for its construction of a new and much less
eyesoreish retail establishment on the site:
Randy Bailey challenged the taking of his business as unconstitutional. Discuss the issues in his case and challenge
to the city’s taking by eminent domain.
115. A federal statute makes it a felony to engage in any commercial act involving the “cruelty, wounding, or killing” of
an animal or depicting anything being to an animal that is prohibited by law. Robert Stevens ran a website that sold
films of dog fighting, many of which were films done in Japan where such activity is not illegal. He was convicted
of violating the federal statute. Stevens appealed his case on the grounds that his First Amendment rights were
violated because the statute was overly broad. What theory of constitutional law would Stevens be using in his
appeal?
a. Procedural due process
b. The Commerce Clause
c. Substantive due process
d. The Fifth Amendment
116. Karen Bartlett was given a generic version of Sulindac, an anti-inflammatory drug. The result was that she
developed toxic epidermal necrolysis, a disease that disfigured and blinded her. She brought suit alleging that there
were warnings that should have been put on the generic version of the drug because issues with the skin infections
were being reported. However, the manufacturer to Sulindac did not have FDA approval to place the warning on
the product. The jury awarded Ms. Bartlett $21 million, and the generic manufacturer appealed the decision.
Which of the following theories would be the best approach for the generic manufacturer to take in order to have
the verdict reversed?
a. The Commerce Clause
b. Preemption
c. Due process because of the excessive size of the verdict
d. Substantive due process
117. Jane Stevenson was removed as head cheerleader from her high school cheer squad because she violated one of
the school rules by drinking alcohol on the team bus as the team and cheer squad traveled to an away game. Jane
feels she has an explanation and defense for what happened. Which of the Constitution might provide her with a
review of her dismissal as head cheerleader?
a. States rights
b. Substantive due process
c. First Amendment
d. Due process
118. Which of the following enjoy full First Amendment protections?
a. Video games
b. Yelling "Fire!" in a crowded theater when there is no fire
c. Commercial advertisement
d. all of the above
