Exam 4: Business and the Constitution

The term police powers encompasses just the enforcement of criminal laws.

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues

The full faith and credit clause prevents a state from imposing unreasonable burdens on citizens of another, particularly with regard to means of doing business.

Under the U.S. Constitution, the judicial branch interprets the laws.

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

Substantive due process limits what the government can do in its legislative and executive capacities.

Port Harbor City enacts an ordinance that bans the distribu?tion of all printed materials on city streets. Later, Quint protests a new "revenue-enhancing" measure also enacted by the city by distributing handbills. When Quint is charged with violating the printed-materials ban, he files a suit against the city. Most likely, the court will hold that the ban is

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to op?er?ate in certain areas. A court would likely review this ordinance under the principles of

In a federal form of government, the national government does not share sovereign power with the states.

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.

Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be

Selena's Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Pretexting is the process of obtaining information by false means.

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

State laws protect individuals' privacy rights, often to a significant degree.

The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power.

Congress may tax some states and exempt others.

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts.