Exam 4: Constitutional Bases For Business Regulation

The central Fourth Amendment question in the case of Board of Education of Independent School District No.92 of Pottawatomie County v.Earls,which involved drug testing of student athletes,was answered as follows:

In the case Junger v.Daley,a professor challenged regulations involving the posting to a website of human readable source code of an encryption software program.The court held that:

Which of the following guarantees of individual rights is NOT contained in the original Constitution?

Congress can override a president's veto by a _____ vote of both the House of Representatives and the Senate.

A federal law that conflicts with a state law is preempted by the state law.

No provision in the Bill of Rights has been held to limit the actions of state governments because the Bill of Rights only applies to federal government actions.

The executive privilege fails to protect the president during his or her term of office from civil litigation over events that occurred before he or she took office.

In deciding the case,Citizens United v.Federal Election Commission,in which the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship,the Supreme Court ruled that:

CASE 4.3 Brown v.Entertainment Merchants Association (2011)involved the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors.What was the ruling of the U.S.Supreme Court?

Racist speech is protected by the First Amendment of the U.S.Constitution,similar to the protections in most European countries.

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

The Free Exercise Clause prohibits all restrictions on the practice of religion,except in the workplace context.

In 2013,the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.

Within the ruling of _____,which found that Connecticut's law against preventing conception was unconstitutional,the Supreme Court discussed the "penumbra" of rights surrounding each guarantee in the Bill of Rights.

In United States v.Windsor (2013),the U.S.Supreme Court addressed the question of

Preemption of state law when it directly conflicts with federal law is known as _____ preemption,whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as _____ preemption.

Members of the U.S.Supreme Court are appointed by Congress with the advice and consent of the President.

In CASE 4.2 the Citizens United v.Federal Election Commission regarding the constitutionality of corporate political expenditures,the U.S.Supreme Court

The __________ Clause of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.