Exam 4: Constitutional Bases for Business Regulation.

The Fifth Amendment does NOT contain which of the following?

Preemption of state law when it directly conflicts with federal law is known as __________ preemption,whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as __________ preemption.

The famous case of Marbury v.Madison(1803)gave federal courts the power to review acts of the other two branches of the federal government to determine the existence of constitutional violations.

In the __________ (1965)case,the U.S.Supreme Court first extended substantive due process to the right to privacy,encompassing birth control and a woman's reproductive choice.

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Fact Pattern 4-1 Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow. -Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?

In the caseDistrict of Columbia v.Hellerreferenced in the text,the U.S.Supreme Court invalidated DC's total ban on handguns.

In the caseClinton v.City of New Yorkreferenced in the text,the U.S.Supreme Court struck down as unconstitutional the line-item veto given to the President by Congress.

The President has the power to make treaties with the advice and consent of:

In order to hold a media defendant liable for statements made about a public figure,the plaintiff must show the media defendant acted with:

When a governmental action affects a person's life,liberty,or property,due process requires only a fair hearing.

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

No provision in the Bill of Rights has been held to limit the actions of state governments because the Bill of Rights only applies to federal government actions.

Congress can override a President's veto by a __________ vote of both the House of Representatives and the Senate.

Which of the following is NOT one of the three branches of government?

When equal protection is concerned,classifications based on gender are subject to the ___________ test.

In the caseUnited States v.Lopezreferenced in the text,the U.S.Supreme Court upheld the Gun-Free School Zones Act,which banned guns near schools,as within Congress's power under the Commerce Clause.

Fact Pattern 4-2 Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law. -Refer to Fact Pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in state court civil cases?

In an effort to promote family time,State X passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution.Set forth the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

In contrast to the federal government,state governments have general powers not specified in the Constitution.These general powers are often referred to as __________ that protect the __________.