Exam 4: Business and the Constitution

The Commerce Clause of the U.S.Constitution gives states exclusive power to regulate interstate commerce (commerce among the states).

After a series of some advertisements of beer and other alcoholic drinks,the government decided to regulate commercial speech.If the courts analyze this regulation,they will:

Which of the following prohibits the federal government from depriving any person "of life,liberty,or property,without due process of law"?

Courts generally do not substitute their judgment for that of administrative agencies,even if they believe it to be unwise.

Many of the administrative agencies have the power to:

The federal government has the exclusive right to regulate all _____ of the United States.

Briefly discuss the constitutional safeguards of "pure" or political speech.

The independent agencies often exercise _____ to gain access to witnesses and documentary evidence,as many people will not voluntarily cooperate with information requests.

Which of the following is true of the Takings Clause?

Under rational basis analysis:

Commercial speech,under the First Amendment,is:

When is strict scrutiny analysis triggered?

The power of the states to regulate is:

Which of the following likely would disqualify the definition of "public use" under the government's power of eminent domain?

The retail price of wine in Kansas was consistently higher than the price of wine in bordering states.As a result,Kansas residents living in border areas frequently crossed state lines to purchase wine at lower prices.Accordingly,Kansas enacted a statute that required out-of-state shippers of wine to affirm that their posted prices for products sold to Kansas wholesalers,as of the moment of posting,was no higher than the prices at which those products were sold in the bordering states.Does the statute violate the Commerce Clause?

Duff Beer applied to the Bureau of Alcohol,Tobacco and Firearms (BATF)for approval of proposed labels and advertisements that disclosed the alcohol content of its beer.BATF rejected the application on the grounds that the Federal Alcohol Administration Act prohibited disclosure of the alcohol content of beer on labels or in advertising.The labeling regulations also prohibited the use of descriptive terms that suggest high alcohol content,such as "strong," "full strength," or "extra strength." Duff claimed the labeling restrictions violated its First Amendment rights.The government responded that the ban was necessary to suppress the threat of "strength wars" among brewers,who,without the regulation,would seek to compete in the marketplace based on the potency of beer.Discuss the analysis courts will use in evaluating the constitutionality of this restriction.

Under strict scrutiny analysis,to demonstrate that a government action is constitutional,the government must demonstrate that:

When regulatory reforms interfere with the exercise of individual rights,they are subject to:

According to the Fifth and Fourteenth Amendments,the government can take real and personal property for public use without compensating private property owners.

When regulatory programs interfere with the exercise of individual rights,they are subject only to a procedural due process challenge.