Exam 4: Constitutional Bases For Business Regulation

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In the case United States v.Morrison referenced in the text,the U.S.Supreme Court held that the Violent Crimes Against Women Act was

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The doctrine of federalism serves to allocate power between the federal government and government by the states.

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The Tiny Motel is located in Montana.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 antidiscrimination provisions of the Civil Rights Act of 1964.What are the arguments for and against exemption?

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The Commerce Clause and whether interstate commerce is involved should be discussed.There would likely be sufficient interstate commerce for the motel to be regulated by the act.

The _____ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

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In CASE 4.1 Washington v.Trump (2012),the Ninth Circuit Court of Appeals overturned a temporary restraining order against an executive order that banned Syrian refugees from entering the United States.

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

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Under the Seventh Amendment,in a suit at common law,__________.

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In CASE 4.4,Fisher v.University of Texas at Austin (2016),the U.S.Supreme Court held that

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To make way for a new freeway around the city,the state and federal governments purchased private lands at a fair price because of their right to _____ under the _____Amendment.

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In the __________ case,the U.S.Supreme Court upheld Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion,or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests.

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Over time,the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

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Which of the following is NOT one of the three branches of government?

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Colorado is planning a new superhighway.The traffic in Colorado does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This feature will require 40 percent more land than ordinary superhighways.Claiming the power of eminent domain,Colorado has attempted to take Green's house.Green has filed suit to prevent this.How will the court decide this case and why?

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In the case Clinton v.City of New York referenced in the text,the U.S.Supreme Court dealt with the question of the Supremacy Clause of the United States Constitution.

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In the case Clinton v.City of New York referenced in the text,the U.S.Supreme Court struck down as unconstitutional the line-item veto given to the President by Congress.

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The ______ test is applied to determine whether speech is protected by the First Amendment to the U.S.Constitution.

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Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

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In an effort to promote family time,Tennessee passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution.Present the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

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The famous case of Marbury v.Madison (1803)gave federal courts the power to review acts of the other two branches of the federal government to determine the existence of constitutional violations.

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The president has the power to make treaties with the advice and consent of:

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