Exam 4: Constitutional Bases for Business Regulation.

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The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ____ power.

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Based on various Supreme Court rulings,provisions in the Bill of Rights fundamental to the "American scheme of justice" are applicable to the States via the __________ Amendment.

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Even when Congress has taken no action in regard to a matter,the __________ or __________ Commerce Clause may impose restrictions on state action.

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Procedural due process focuses on the fundamental rights protected by the Due Process clauses.

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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 equal protection clause of the fourteenth amendment to the U.S.Constitution?

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State X passes a law restricting the right of citizens to vacation in foreign countries because the state prefers that its citizens spend their vacation dollars in the U.S.A group of state citizens challenge the law.Set forth the standard a court would apply in reviewing the law and the likely outcome of the case.

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The Tiny Motel is located in State X.It is not readily accessible from any major highway.Few,if any of their guests are from out of state.The motel has filed suit in federal court to be exempt from the anti-discrimination provisions of the Civil Rights Act of 1964.What are the arguments for and against exemption?

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