Exam 2: Business and the Constitution

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Government acts that affect semi-suspect or quasi-suspect classifications require that the court apply ________ scrutiny to determine the act's validity.

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Verified

intermediate-level

The right of a state to protect its citizenry is called its _______.

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police powers

The power to impeach and remove is a check and balance power:

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Verified

B

Obscenity regulation of commercial speech is subject to the same scrutiny as any other government regulation of commercial speech.

(True/False)
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The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed. These mud flaps have been proved to make driving in the rain significantly safer as they reduce mist created by trucks in the rain, although data regarding accidents and injuries have not yet been determined. Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must have these flaps or go around the state. This Kansas law:

(Multiple Choice)
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Congress's broadest powers are derived from the Commerce Clause.

(True/False)
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After more than 100 years, the Chicago Cubs have won baseball's World Series. They want a parade down Michigan Street at 10 a.m. on Friday, but the city tells them that the parade will be down Rush Street at noon on Saturday. The city claims that Rush Street on Saturday will provide more safety and convenience for the city's citizens. The Cubs claim a violation of their freedom of speech. If a lawsuit ensues, what standard of review will the court use to resolve the issue?

(Multiple Choice)
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Assume that the state of Georgia has just raised the fee for registration of motor vehicles $5 per year. If challenged, this new statute would be reviewed using:

(Multiple Choice)
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Professor Jones accuses Kim, one of his students, of cheating on an exam. Professor Jones arranges a hearing to be held in front of the university's Academic Honesty Board, and Kim is informed that she must prove her innocence before Professor Jones must prove her guilt. Kim is being denied her substantive due process rights.

(True/False)
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Substantive due process requires that a state statute must be published for public inspection and be clear and specific.

(True/False)
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Veto power is a power granted to the ________ branch of government.

(Short Answer)
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The right to privacy is a specifically named right established in the Bill of Rights.

(True/False)
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One criticism of the U.S.A Patriot Act is that:

(Multiple Choice)
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Protections for the citizenry from unlawful or reprehensive acts by the government are contained primarily in:

(Multiple Choice)
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The power to carry out foreign policy is an enumerated power granted to:

(Multiple Choice)
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Punitive damages are intended to punish wrongdoers in civil actions.

(True/False)
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Commerce that is wholly contained within a state and has no effect on other states or foreign countries is called ________ commerce.

(Short Answer)
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Name the four-part test established by the court in Central Hudson Gas v. Public Service Commission that subjects government restrictions on commercial speech to a form of intermediate-level scrutiny.

(Essay)
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Typically, political speech by corporations is fully protected by the First Amendment.

(True/False)
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The Equal Protection Clause is contained in the:

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