Exam 5: Constitutional Law

The Pines,a small motel in central Georgia,may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

Thompson raised 80 acres of corn,most of which he used to feed his own cattle.He locally sold what he did not use.Based on the Supreme Court's ruling in Wickard v.Filburn,

Generally,constitutional protections do NOT apply to

The idea that courts should not be heavily involved in lawmaking,but rather should only rule in cases where the constitutionality is clear is known as

The power to create laws regulating international commerce is given jointly to Congress and the states under the U.S Constitution.

The issue of the constitutional protections afforded flag burning was addressed in

Tim received a letter from his state college stating that he had been expelled from the school.The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him.He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper.Tim believes his due process rights have been violated by the college.Discuss what factors should be considered to determine the validity of Tim's claim.

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation

The doctrine of preemption is based on the Constitution's

The amendments to the U.S.Constitution protect the people from the power of state and federal governments.

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as

Congress passed the federal OSHA establishing job safety standards.Illinois passed its own statute,which had slightly more lenient standards.Illinois workers are only held to the state standards unless they are involved in interstate commerce.

Lori and her friends burn an American flag as an act of political protest.Lori is arrested for violating a state law that prohibits flag burning.The Supreme Court has ruled that laws making it illegal to burn an American flag

Adam moved into an apartment complex.The rules of the complex prohibit unmarried men and women from living together in the same apartment.When Adam's friend,Diane,moved into the apartment he was served with eviction papers.Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together.Is Adam right?

The Framers of our Constitution,a true cross section of the population at the time,created the Constitution by amending the Articles of Confederation,which had been the governing document of the colonists.

Assume that the state of Ohio passed a hazardous waste statute,seeking to protect the general public and workers.The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Both the state statute and the federal Occupational Safety and Health Act established job safety standards and specified worker training and employer licensing,but the requirements differed.Discuss which statute(s)Ohio corporations had to obey,and identify the source of the answer.

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that

Judicial review can best be described as the power of federal courts to

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her.The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd is an analysis of

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as