Exam 4: Constitutional Law for Business and E-Commerce

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The concept of federal law taking precedence over state or local law is called the preemption doctrine.

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How is power divided between the federal government and the state governments?

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The federal government and the 50 state governments share powers.When the states ratified the Constitution,they delegated certain powers-called enumerated powers-to the federal government.For example,the federal government is authorized to regulate interstate commerce and foreign affairs.Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments.These are called reserved powers.State governments are empowered to deal with local affairs.For example,states enact laws that provide for the formation and regulation of partnerships and corporations.Cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas.

Why is it unconstitutional for a state government to ban products imported from a foreign country,despite that country engaging in activities not condonable by that state?

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The Commerce Clause of the U.S.Constitution gives the federal government the exclusive power to regulate commerce with foreign nations.This is referred to as the Foreign Commerce Clause.Direct and indirect regulation of foreign commerce by state or local governments that unduly burdens foreign commerce violates the Commerce Clause and is therefore unconstitutional.The federal government could enact a law that forbids another country from doing business in the United States if that country engages in activities that are not condoned by the United States.A state,however,could not enact a law that forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state.

The substantive due process requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life,liberty,or property.

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The Supremacy Clause establishes that the fundamental,legal,and political authority is vested in the citizens of the U.S.A.

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Which of the following statements is true about the Supremacy Clause of the U.S.Constitution?

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The House of Representatives has the power to impeach the president for certain activities,such as treason,bribery,and other crimes.

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How has the U.S.government regulated commerce with Native Americans?

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The legislative branch of the U.S.federal government is ________.

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The ________ Clause in the Constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents.

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A group of students organizing a protest march demanding that the government be overthrown would be an instance of ________ speech.

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Checks and balances built into the Constitution ensure that amendments to the Constitution are not contradictory to existing laws.

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The Bill of Rights establishes the United States as a federal nation and divides power between the center and the states.

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Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada.He wants to open a casino in the reservation.However,the state authority denies the tribe permission to open a casino in its own territory.Which of the following permits the tribe to bring suit in federal court and force the state to comply?

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In federalism,the federal government and the state governments share powers.

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The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over other religions.

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The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right,such as a classification based on gender,is examined using an intermediate scrutiny test.

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Police power permits states and local governments to enact laws to protect or promote the public health,safety,morals,and general welfare.

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Esteos is a country in which the federal government and the twelve state governments share powers.The form of government in Esteos is called ________.

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The Indian Gaming Regulatory Act sets the terms of ________ on tribal land.

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