Exam 2: Business and the Constitution

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State regulatory powers are often referred to as police powers .

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True

Bryan creates a website to post threatening messages about celebrities. Under the First Amendment, these messages are most likely protected

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B

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

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False

The commerce clause has had no greater impact on business than any other provision in the Constitution.

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Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.

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Metro City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Niles wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Niles's suit against the city, a court would likely hold the ordinance to be

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The Fifth Amendment allows persons to be deprived of property without due process of law.

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Local governments, including cities, exercise police powers.

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A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

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Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

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A federal form of government is one in which the national government shares sovereign power with

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Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on

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In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down.

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Dom burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. Dom's conduct is most likely

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Rory, the chief executive officer of Spout Off Inc., a website for short rants, claims that certain state and federal government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

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Procedural due process focuses on the content of legislation.

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A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

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When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

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The dormant commerce clause comes into play when state regulations affect interstate commerce.

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Privacy rights receive no protection under federal law.

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