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Exam 2: Business and the Constitution

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Question 31

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Kim operates Kim'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 Kim's activities? What is Kim's best argument against federal regulation of her farm and business?

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Under the commerce clause, at least in t...

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Question 32

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A law that that limits a fundamental right may be held to violate substantive due process.

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Question 33

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Mia claims that a North Carolina state statute infringes on her "procedural due process" rights. This claim focuses on

Pat stands in front of Rogue's Tavern, shouting "fighting words" that are likely to incite Rogue's patrons to respond violently. The First Amendment protects such speech

The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.

The Wisconsin state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of x-Games, Inc., orders x-Game marketers to place ads in various media. When an x-Game ad appears on YUTV, a local television station, x-Games and YUTV are charged with violating the statute. What is the defendants' best defense against a conviction?

The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights.

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

The members of Climate Action believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey it, and stop others from complying with it. Under the First Amendment, these individuals have a right to

State governments do not have any authority to regulate interstate commerce.

Nonverbal expression of belief is not a constitutionally protected form of expression.

Speech can be subject to reasonable restrictions.

Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by

The rights secured by the Bill of Rights are absolute.

Kansas enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

Peoples Rights Organization (PRO) , a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

NatGas Corporation obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacts a law that bans gas pipelines in that area. Most likely, the state law violates

Corporations enjoy many of the same rights and privileges as natural persons do.

The state of Florida can regulate building contractors and building codes in the state under its