Exam 2: Business and the Constitution

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.

The primary authorization of Constitutional powers is given to Congress under:

When Bad Frog Brewery,Inc.,placed a label on their product showing a frog with unwebbed fingers with its middle finger extended,New York State sued to prohibit the use of the label claiming it to be obscene and claiming an interest in protecting the state's children.The court found:

The power to carry out foreign policy is an enumerated power granted to:

Amendments to the Constitution function as a protection of the citizenry from unlawful or repressive acts of the government.

The right of states to protect its citizenry is called its _______.

In U.S.v.Morrison,the court found that commerce power was a legitimate justification to validate the right of women to sue their attackers for monetary damages under the Violence Against Women Act.

Strict scrutiny requires that a state prove that it is acting to promote an important government objective and that the proposed act is substantially related to the government's objective.

Which of the following is not a coequal branch of the United States government as specified in the Constitution?

Marbury v.Madison,decided in 1803,is no longer considered valid precedent and has been preempted by statute.

The legal authority that a court must have to hear a case is called _______.

Congress may tax activities and property that it might not be authorized to regulate under any of the enumerated regulated powers.

Growing marijuana for purely personal medical use while possessing a valid prescription in a state that has approved medical use of marijuana has been found to be interstate commerce.

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

Mike has moved into a privately owned apartment complex.The stated rules of the complex prohibit unmarried men and women from living together in the same apartment.When Mike's girlfriend Kathy moves into his apartment he is served with eviction papers.Mike claims that the apartment complex is violating his constitutional rights since it allows only married people to live together.Is he correct?

Explain the origin and justification of judicial review.

The U.S.Supreme Court has established three standards of review used when applying Constitutional law.Name and discuss these three standards in terms of how they relate to state objectives.

Congress has provided the state of Ohio $50M for highway construction and renovation.As a condition,Ohio must award 30% of the contracts to firms that are owned by women or minorities.Ohio sues claiming that such a condition is an intrusion on Ohio's right to seek competitive bids and make the best use of the money.Ohio also asserts that this will make it difficult to seek the best quality companies and that how they allocate the money is purely a state function as long as they use the money for the purposes intended.How will the court likely decide this dispute?

States may never regulate commerce that crosses state borders as this is an exclusive federal power.

Explain how the Fifth Amendment right against self-incrimination applies to corporations and the individuals working for the corporations.