Exam 4: Constitutional Authority to Regulate Business

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A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.

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Congress enacts the Tight Money Act (TMA) of 2010 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be

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Congress determines the jurisdiction of the federal courts.

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Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

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A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be

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A law that distinguishes between or among individuals violates the equal protection clause.

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Equal protection means that the government must treat similarly situated individuals in a similar manner.

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Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

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Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech

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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

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Federico, the president of Gems Retail Corporation, claims that certain actions by the federal government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights. Most of these rights limit

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Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted by

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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

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California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

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Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate

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Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.

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Laws that govern business have their origin in the U.S. Constitution.

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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

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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

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Whether the federal government preempted a certain area is always clear.

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