Exam 3: Business and the Constitution

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In the context of determining whether a state law impermissibly burdens interstate commerce,discrimination is ________ when state laws treat local and interstate commerce unequally on their face.

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"The challenged law must be necessary to the fulfillment of a compelling government purpose." This describes:

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The Takings Clause comes from the Fifth Amendment of the Constitution.

(True/False)
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Federal regulation is considered to be officially "pervasive" when:

(Multiple Choice)
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A state passes a minimum wage law.Fred Whitby,President of Unisys Corporation,is certain that it is unconstitutional.For example,Fred argues that the Constitution's Contract Clause plainly renders the law unconstitutional.Is Fred right? Why or why not?

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Which of the following is a characteristic of the "Takings Clause"?

(Multiple Choice)
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Which of the following occurs when an overly extensive land use restriction diminishes the value of property as to constitute a taking?

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Today,the ________ are the main limitations on congressional power.

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The right to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of:

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The First Amendment prohibits state regulation of deceptive commercial advertising.

(True/False)
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Federal restrictions that forbid beer producers from listing the alcohol content of their beer on product labels are unconstitutional.

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The "ends" component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right.

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As evidenced by National Federation of Independent Business v.Sebelius,the case in the text,Congress's taxing power is seen as very narrow.

(True/False)
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Judges sometimes may be reluctant to declare statutes unconstitutional because they are wary of power struggles with a more representative body such as Congress.

(True/False)
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Which of the following is applied to the equal protection standard?

(Multiple Choice)
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Which of the following augments the powers of Congress by permitting it to enact laws that are useful or conducive to the exercise of those enumerated powers?

(Multiple Choice)
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Which of the following can Congress use to encourage states to take certain actions and thereby advance specific regulatory ends?

(Multiple Choice)
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Which of the following has NOT been categorized as a suspect class?

(Multiple Choice)
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The ________ requirement ensures that most of the Constitution's individual rights provisions block only the actions of government bodies,and not private bodies,in cases of violation of rights.

(Multiple Choice)
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Mark,an untenured Assistant Professor of Business Law at a public university,is fired from his job for supposedly misbehaving with students in class.Since the firing took place without any kind of hearing,Mark wants to challenge it on procedural due process grounds.Will Mark's claim succeed? Assume that the university did not publicize the reasons for Mark's discharge,and will not tell anyone why he was discharged.

(Essay)
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