Exam 5: Constitutional Law

Professor Jones accuses Rachel,a senior at a large state university,of cheating on an exam.The Professor claims that Rachel must prove to him that she did not cheat.If she fails to convince him,she will be expelled from college.Rachel is being denied her due process rights.

By creating three independent and equal branches of the federal government,the U.S.Constitution prevented the federal government's power from being concentrated in one person.

Discuss the Miller test to determine if a creative work is obscene.

The Bill of Rights refers to

The United States v.Lopez case demonstrates which of the following?

Eminent domain refers to the government's ability to take private property for public use.

The primary source of federal power to regulate business is the

If there is a conflict between a state and federal law,generally the federal law will prevail becauseofthe

The Fourth Amendment to the Constitution provides Robert,an employee of Mattax Paper Co.,due process protection from being fired without a hearing by a neutral fact finder.

Smalltown,located in a border state,seemed to favor Caucasians over Latinos in its hiring practices.The courts will review the practice using

Misleading commercial speech may be outlawed altogether without violating the Constitution.

Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void.

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment.If this law were to be challenged,which of the following would a court examine to determine if the law is constitutional?

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising,that statute would be

The states have a severely restricted power to enact laws that affect interstate commerce.This concept is called

Hal was arrested for burning the United States' flag in a protest of governmental policy.His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

A governmental classification based on gender would be subject to strict scrutiny.

Obscene speech is protected by the First Amendment.

The "takings clause" prevents the government from taking private property for any reason.

A government action interfering with a fundamental right will be judged using