Exam 4: Constitutional Authority to Regulate Business

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Local governments, including cities, can exercise police powers.

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Theoretically, Congress can regulate every commercial enterprise in the United States.

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The Bill of Rights protects individuals against types of interference by the federal government.

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Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers. A court would likely hold this regulation to be

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Machismo Motor Sales Corporation regularly advertises its off-the-road and all-terrain vehicles and other products. Under the First Amendment, these ads and other commercial speech are given

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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

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State laws often significantly protect individuals' privacy rights.

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Under the Constitution, the states retain all powers not specifically delegated to the federal government.

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When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

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Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

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Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

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A federal form of government is a confederation of independent states with a central government of very limited powers.

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Brad stands in front of Rustler's Round-Up Café, shouting "fighting words" that are likely to incite Rustler's patrons to respond violently. The First Amendment protects such speech

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Under the Constitution, Congress

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The establishment clause of the U.S. Constitution prohibits the federal government from establishing an official religion.

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Under the Constitution, the judicial branch interprets the laws.

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Procedural due process requires that any taking of a person's life, liberty, or property by government must be made fairly.

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In 2010, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid

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The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against

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Expression of all kinds is subject to reasonable restrictions.

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