Exam 5: Business and the Constitution

Congress passed a law prohibiting any organization from spending money on ads against ballot propositions.The legislative history shows that Congress found that organizations spend far too much money on these ads and regular citizens' voices cannot be heard and disseminated against such powerful communication.The statute:

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.

Which of the following areas has Congress preempted?

Which of the following enjoy full First Amendment protections?

Analyze and discuss why the top corporate and trade PACs are the top political contributors.

Article I of the U.S.Constitution establishes the executive branch of government.

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 statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.

​Brad Alder was suspended from Washburn State University because he was arrested over the weekend for public drunkenness.Washburn has a provision in its code of conduct that requires suspension of students when they are arrested.Brad has been released from jail and is awaiting his trial.Which of the following statements is correct?

The Bill of Rights contains the Commerce Clause.

Which of the following pairs is incorrect?

States can never regulate interstate commerce.

The Nike dispute dealt with the right of a company to publish editorials and letters to the editor in its defense.

An unconstitutionally vague statute cannot be a basis for criminal prosecution.

The First Amendment does not cover corporate ads on ballot propositions.

The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate commerce.

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?

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.

Which of the following sections of the U.S.Constitution establishes the judicial branch of government?