Exam 4: Business and the Constitution

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

Procedural due process focuses on the content of legislation.

The free exercise clause prohibits the government from passing laws that have any impact on religion.

The dormant commerce clause comes into play when state regulations affect interstate commerce.

When there is a direct conflict between a federal law and a state law,both laws are rendered invalid.

A federal form of government is one in which the national government shares sovereign power with

Nonverbal expression of belief is not a constitutionally protected form of expression.

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

To reduce traffic,Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas.A court would likely review this ordinance under the principles of

Under the privileges and immunities clause,the federal government has the power to regulate commercial activities among the states.

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets.Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In her suit against Lake City,a court would likely hold the ban on printed materials to be

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

VidGames Inc.markets a variety of shooting,fighting,and hunting video games.A state statue is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

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

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.

Taco Hot Dogs,Inc. ,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is

The Fifth Amendment allows persons to be deprived of property without due process of law.

Political speech by corporations falls within the protection of the First Amendment.

River City enacts an ordinance that prohibits all advertising on the sides of trucks.A court would likely review this ordinance under the principles of

Corporations enjoy many of the same rights and privileges as natural persons do.