Exam 4: Constitutional Law

_{53. In the case of , Chief Justice Marshall stated, "This great principle is, that the Constitution and the laws made in} Pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them."

The Fourteenth Amendment restricts the power of states to tax.

The U.S. Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.

According to the U.S. Constitution, the federal government is a government of enumerated, or limited, powers, and a specified power must authorize each of its acts.

The Supreme Court, in Jackson v. Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.

According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is:

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

Because defamation involves a communication, the protection extended to speech by the Amendment applies.

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.

Judicial review is another phrase for an appeal of a lower court's judgment.

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly.

A classification based on gender or "legitimacy" for a governmental action:

In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

A state constitutional provision conflicts with a valid federal statute. Under the Supremacy Clause:

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

The Bill of Rights restricts the power and authority of the federal government.

States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.

Most forms of speech are protected by the strict or exacting scrutiny standard.