Exam 2: Constitutional Law

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights.

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is

The state of Ohio can regulate building contractors and building codes in the state under its

Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely

A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

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

Speech can be subject to reasonable restrictions.

When religious practices work against public policy, the government can act.

The Bill of Rights embodies

Procedural due process focuses on the content of legislation.

Equal protection means that the government must treat all individuals the same.

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

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.

The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

The national government has the implied power to undertake actions necessary to carry out its expressly designated powers.

Kim operates Kim'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 Kim's activities? What is Kim's best argument against federal regulation of her farm and business?

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.