Exam 4: Business and the Constitution

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Corporations cannot make political contributions because of First Amendment constraints.

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False

The states' police powers are subject to a balancing test.

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The State of Louisiana's Sunday closing law provides that "all stores, shops, saloons, and all places of public business, licensed under the law of Louisiana or under any parochial or municipal law, shall be closed on Sunday." The statute had 25 exemptions including drug stores, hotels, restaurants, theaters, the 1984 Exposition, and stores occupying a space of 1,500 square feet or less. Home Depot wishes to challenge the closing law on its constitutionality. What constitutional provisions would apply?

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The state is using its police power, but the statute may have the effect of favoring small local businesses over the large interstate chains. Also, the effect may raise issues of substantive due process - a right is taken away without discussion. See for full details: Home Depot Inc. v. Guste , 773 F.2d 616 (5th Cir. 1985).

Which section of the U.S. Constitution establishes the legislative branch?

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One state can impose a tax on a corporation's property if the corporation does any business in the state.

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The state of Arizona has just passed a law requiring that oranges shipped into the state from growers located outside of the state meet certain minimum size requirements. The size requirements do not apply to oranges grown in Arizona. The new Arizona statute is:

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What was the constitutional issue in the Hobby Lobby case?

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The rights of land owners in eminent domain are protected by the:

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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.

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Just compensation is:

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The state of Wyoming has just passed a law requiring all cars entering the state to be equipped with side air bags. The Wyoming requirement:

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Corporate political speech enjoys less First Amendment protection than individual political speech.

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Which of the following pairs is incorrect?

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The Commerce Clause regulates:

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The Bill of Rights covers freedom of speech.

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The Commerce Clause authorizes Congress to regulate interstate and international commerce.

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Corporate political speech:

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

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State regulation of property constitutes a taking for constitutional law purposes.

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States have authority over international commerce that comes within their borders and can circumvent U.S. treaties.

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