Exam 4: Constitutional Authority to Regulate Business

The establishment clause of the U.S.Constitution prohibits the federal government from promoting a religion.

Beachside City enacts an ordinance that bans the distribu?tion of all printed materials on city streets.Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In his suit against the city,a court would likely hold the printed-materials ban to be

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway.Congress can spend revenues

Procedural due process requires that any government decision to take a person's property must be made fairly.

Myra claims that a Nebraska state statute infringes on her "procedural due process" rights.This claim focuses on

National legislation governs nearly every major business activity,including conduct that has nothing to do with commerce.

Mike,an advocate of a certain religion,publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles.The First Amendment guarantees Mike's freedom of

Jen operates Jen's Fruits & Vegetables,a small market stocked entirely with produce grown on her adjacent farm.Under what clause of the Constitution can the federal government regulate Jen's activities? What is Jen's best argument against federal regulation of her farm and business?

The police obtain a search warrant and search Errol's apartment.After yelling obscenities at the officers,Errol confesses to a crime and impli?cates his friends.The Constitution protects against

The Constitution sets out the authority and the limits of the branches of the government.The term checks and balances means that

Ulrich,a citizen of Virginia,wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc.A Washington state court is most likely to enforce such rights under

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that

Old Oak Brewery,Inc.,makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA)for brand-label approval to sell the beer in Ohio.Without consid?er?ing alternatives,OSLA denies approval because "the label could ap?pear in grocery stores,with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's applica?tion vio?lates the First Amendment?

A law that regulates economic matters violates the equal protection clause.

Under their police powers,states can regulate only public activities,such as political demonstrations.

The First Amendment does not protect corporate political speech.

Xtreme Publications,Inc.,disseminates obscene materials.This is

When there is a direct conflict between a federal and a state law,the state law is rendered invalid.

Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

The taxing and spending clause of the U.S.Constitution has had a greater impact on business than any other clause in the Constitution.