Exam 4: Constitutional Law

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The Clause protects against impairing the charter of a corporation formed under a state incorporation statute.

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Define defamation.

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The Commerce Clause limits the power of states to tax.

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A classic and important example of strict scrutiny of classifications based upon race is the desegregation case of:

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The State where Laura's father had lived passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment. The case is now under consideration by the United States Supreme Court. In deciding the constitutionality of the provision, the Court will:

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Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights, the Clause is now the most important clause in this regard.

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Generally, the legislative branch of government has the power to enforce the law.

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79. The principle of concerns the compatibility of a law or governmental action with fundamental constitutional Rights, such as free speech.

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The First Amendment allows free speech in any and all circumstances.

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