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


A) Congress writes checks and the other branches balance the budget .
B) each branch has some power to limit the actions of the others .
C) the courts balance their authority to the other branches' checklists .
D) the president "checks" the courts, which "balance" the laws .

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

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Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest


A) and goes no further than necessary to achieve its objective.
B) without regard to how "far" it goes.
C) and the parties affected by it can elect how "far" to go in applying it.
D) and goes further than necessary to ensure full coverage.

E) B) and D)
F) B) and C)

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In situations not involving fundamental rights, the government must draft regulations that are closely related to an important government interest.

A) True
B) False

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The right to privacy


A) is found directly in the constitution.
B) is found in several amendments of the constitution.
C) is found only in state statutes and not in federal law.
D) is found only in federal statutes and not in the constitution.

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

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Political speech by corporations falls within the protection of the First Amendment.

A) True
B) False

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True

Preemption occurs when a state chooses to act exclusively in a concurrent area.

A) True
B) False

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American Hospital Organization (AHO) , a political lobbying group, wants a certain healthcare payment policy enacted into law. If AHO's policy conflicts with the U.S. Constitution, a law containing that policy can be passed by


A) Congress.
B) a state legislature.
C) the President.
D) no entity.

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

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Congress can spend revenues to promote any objective it deems worthwhile, even if it violates the Constitution.

A) True
B) False

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Congress enacts the Income Tax Exception Act (ITEA) to exempt the citizens of North Carolina from federal taxes until structures on the barrier islands are rebuilt from the destruction of a recent hurricane. Most likely the ITEA is a violation of


A) no provision in the U.S. Constitution.
B) the commerce clause.
C) the taxing and spending powers.
D) the supremacy clause.

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

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Under the First Amendment, corporate political speech is


A) discouraged .
B) forbidden .
C) protected .
D) required .

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

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Local governments, including cities, exercise police powers.

A) True
B) False

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The government must not place a substantial burden on religious practices .

A) True
B) False

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State regulatory powers are often referred to as police powers .

A) True
B) False

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Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of child pornography. This ordinance is most likely


A) an invalid restriction of individuals' privacy.
B) an unconstitutional restriction of speech.
C) a violation of adults' rights to enjoy certain privileges.
D) constitutional under the First Amendment.

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

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Center City enacts an ordinance that imposes a jail term, without a trial, on all vendors who operate in certain areas. A court would likely review this ordinance under the principles of


A) equal protection.
B) free exercise.
C) due process.
D) free speech

E) A) and B)
F) A) and D)

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Georgia 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) All of the above
F) None of the above

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Only Congress may pass a law in conflict with the Constitution.

A) True
B) False

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VidGames, Inc. supports a particular political candidate and wants to donate a large amount of money to that candidate. This is


A) allowed as corporate political speech .
B) not allowed because corporations cannot engage in political speech .
C) not allowed because giving money is not speech .
D) allowed because corporations can spend money any way they wish .

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

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A

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of


A) unprotected speech .
B) controlled speech .
C) symbolic speech .
D) illegal speech .

E) A) and B)
F) A) and D)

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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 allows much higher amounts of pollution. Under the supremacy clause


A) both the rule and the law are invalid.
B) both the rule and the law apply concurrently.
C) California law controls.
D) the EPA rule controls .

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

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D

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