Exam 4: Constitutional Authority to Regulate Business

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Theoretically,Congress can regulate every commercial enterprise in the United States.

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Expendable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is given

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

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Marie claims that a Nebraska state statute infringes on her "procedural due process" rights.This claim focuses on

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Under the Constitution,the judicial branch interprets the laws.

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Procedural due process requires that any taking of a person's life,liberty,or property by government must be made fairly.

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

(Multiple Choice)
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The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute,the president of Games Marketing,Inc.(GMI),orders GMI marketers to place ads in any media.When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute.What is the defendants' best defense against a conviction

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Levi,a citizen of Maryland,obtains a federal license to operate a commercial fishing boat in Chesapeake Bay.The Maryland state legislature enacts a law that bans all commercial fishing in the bay.The state law most likely violates

(Multiple Choice)
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Jen operates Jen's Fruits & Vegetables,a small market stocked entirely with produce grown on her adjacent farm.Under what clause of the Constitution can the federal government regulate Jen's activities What is Jen's best argument against federal regulation of her farm and business

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The First Amendment protects symbolic speech.

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The federal government cannot regulate commerce within a state,regardless of the effect of the commerce on other states.

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Whether the federal government preempted a certain area is always clear.

(True/False)
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Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets.Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In his suit against the city,a court would likely hold the printed-materials ban to be

(Multiple Choice)
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State laws often significantly protect individuals' privacy rights.

(True/False)
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Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.

(True/False)
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Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to

(Multiple Choice)
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The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

(True/False)
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Congress enacts the Tight Money Act (TMA)of 2010 to ban "major business entities" from making political contributions that individuals can make.A court would likely hold the TMA to be

(Multiple Choice)
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Local governments,including cities,can exercise police powers.

(True/False)
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