Exam 4: Constitutional Law

In commercial speech cases, the U.S. Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.

The federal government's power to tax is subject to three major limitations.

The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.

The Bill of Rights applies directly to the states.

Judicial review is the process by which courts review governmental action to determine whether such actions conform to the U.S. Constitution.

Judicial review is another phrase for an appeal of a lower court's judgment.

State action is a term that may include conduct by private parties who perform a public function.

Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary was reported to have been disbarred in another state ten years previously. It is not true of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper:

A woman claiming sex discrimination because she was passed over for a promotion by her employer, a local corporation specializing in the manufacture of automobile parts, would have her case reviewed under the __________ test of the Equal Protection Clause.

There is no state action where a court orders enforcement of a private agreement among property owners since the property owners were private individuals.

All but which of the following is an exclusive federal power?

Which of the following is true of state action?

The __________ and __________ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law.

For the purposes of procedural due process, __________ includes certain entitlements conferred by government such as social security payments and food stamps.

The Bill of Rights:

The Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law.

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied.

The principle of __________ concerns the compatibility of a law or governmental action with fundamental constitutional rights such as free speech.

The U.S. Supreme Court has eliminated the doctrine that commercial speech is wholly outside the protection of the First Amendment and now allows very narrow, limited protection of commercial speech.

Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.