Chapter 4: Constitutional Law

Procedural due process

Procedural due process requires that governmental action depriving a person of life, liberty, or property be done through a fair procedure. Liberty for purposes of procedural due process generally includes the ability of individuals to engage in freedom of action and choice regarding their personal lives. Property, for the purpose of procedural due process, includes not only all forms of real and personal property but also certain benefits (entitlements) conferred by government, such as Social Security payments and food stamps.

The ____________ operates as a restriction on state regulations that obstruct or unduly burden interstate commerce. a. First Amendment b. Commerce Clause c. Contract Clause d. Due Process Clause

b

The contract clause restricts: a. the federal government from retroactively modifying contracts b. the states from retroactively modifying contracts c. the states from exercising the power of eminent domain d. None of the above.

b

The equal protection clause is contained in the: a. Fifth Amendment. b. Fourteenth Amendment. c. First Amendment. d. Fourth Amendment.

b

Which of the following is a true statement with regard to the Commerce Clause of the U.S. Constitution? a. It expressly excludes state regulation of interstate commerce. b. It expressly permits federal regulation of interstate commerce. c. It expressly excludes state regulation and expressly permits federal regulation. d. The U.S. Constitution makes no statement regarding regulation of commerce.

b

Exclusive federal powers include which of the following? a. To establish post offices b. To coin currency c. To grant patents d. All of the above are exclusive federal powers.

d

Which of the following are considered to be fundamental principles, which apply to both the powers of and the limitations on government? a. Federal supremacy b. Judicial review c. Separation of powers d. All of the above

d

The protection of the ____________ Amendment applies to cases involving the tort of defamation. a. First b. Fourth c. Fifth d. Ninth

a

Commerce clause

provides that Congress has the power to regulate commerce with foreign nations and among the states. This commerce clause has two important effects: (1) it is a broad source of commerce power for the federal government to regulate the economy, and (2) it operates as a restriction on state regulations that obstruct or unduly burden interstate commerce. The U.S. Supreme Court interprets the commerce clause as granting virtually complete power to Congress to regulate the economy and business

supremacy clasue

provides that the federal constitution and federal laws are the supreme law of the land. Accordingly, any state constitutional provision or law that conflicts with the U.S. Constitution or valid federal laws or treaties is unconstitutional and may not be given effect

Substantive due process

requires that governmental action be compatible with individual liberties. Where fundamental rights of individuals under the Constitution are affected, the Court will carefully scrutinize the legislation to determine if the legislation is necessary to promote a compelling state interest. Substantive due process addresses the constitutionality of the substance of a legal rule, not the fairness of the process by which the rule is applied.

T/F: Federal supremacy means that federal law takes precedence over conflicting state laws.

true

T/F: Under the First Amendment, a governmental ban is appropriate and lawful on forms of communication more likely to deceive the public than to inform it.

true

T/F: Under the process of judicial review, the U.S. Supreme Court is the final authority as to the constitutionality of federal and state laws.

true

Rational relationship test

used for economic regulation

Strict scrutiny test

used for fundamental rights or suspect classification

Eminent domain

is the power of government to take private property for public use upon payment of fair compensation. The power is one of the inherent powers of government in the federal Constitution and in the constitutions of the states. Compensation is not required if governmental regulation only reduces the value of property.

T/F: An activity conducted solely in one state is not subject to regulation by federal government.

false

T/F: Commercial speech receives the highest degree of protection under the First Amendment.

false

T/F: Substantive due process refers to the decision-making process that results in depriving a person of life, liberty, or property.

false

T/F: The Contract Clause invalidates state laws that burden interstate commerce.

false

Describe the factors used by the Supreme Court when deciding the extent to which state regulation may affect interstate commerce

1) necessity and importance of state regulation 2) burden impacted on interstate commerce 3) extent to which it discriminates against interstate commerce in favor of local concerns

Equal protection

14th Amendment requires all persons equal protection of the law; "similarly situated" persons must be treated equally by govt actions. (Law creates a classification: Men who are divorced & pay alimony; race). Tests (standards of review depending on classification)

Federal fiscal powers

(1) the power to tax, (2) the power to spend, (3) the power to borrow and coin money, (4) the power of eminent domain.

Separation of powers

describes the process by which the courts examine governmental actions to determine whether they conform to the U.S. Constitution. If governmental action violates the U.S. Constitution, under judicial review the courts will invalidate that action.

How does the Commerce Clause restrict the ability of states to regulate interstate commerce?

- State may not regulate if places an undone burden on interstate commerce - Supreme Court considers necessity & burden imposition possibility - taxes on goods only allowed after goods have finished moving to the final customer

Contract clause

Article 1, Section 10 of the Constitution provides: "No State shall . . . pass any Law impairing the Obligation of Contracts . . . ." The Supreme Court has used the contract clause to restrict states from retroactively modifying public charters and private contracts. Although the contract clause does not apply to the federal government, due process limits the federal government's power to impair contracts.

Commercial speech

Commercial speech is expression related to the economic interests of the speaker and his audience, such as advertisements. Commercial speech that does no more than propose a commercial transaction is entitled to a "lesser degree" of constitutional protection, but it is not wholly outside the protection of the First Amendment.

Judicial review

Judicial review describes the process by which the courts examine governmental actions to determine whether they conform to the U.S. Constitution. If governmental action violates the U.S. Constitution, under judicial review the courts will invalidate that action.

In equal protection cases, how does the rational relationship test compare with the strict scrutiny test?

Rational Relationship = economic regulation, conceivable to bear a rational relationship to government interest Strict Scrutiny = impacting fundamental rights, compelling governmental interest

Which of the following constitutional limitations of power, most applicable to business, applies only to actions of state governments? a. The Contract Clause b. The First Amendment c. Due Process d. Equal protection

a

Which of the following would require application of the intermediate equal protection test? a. Legitimacy b. Nonprotected speech c. Protected noncommercial speech d. None of the above

a

Explain the First Amendment's protection of free speech with respect to corporate political speech, commercial speech, and defamation.

applies to corporations in a lesser degree than private speech, corporations can speak politically, False/Misleading = Permissible, Defamation recovery must prove actual malice

In equal protection cases involving fundamental rights or suspect classifications, which test would be used for review by the Supreme Court? a. Rational relationship test b. Procedural due process test c. Strict scrutiny test d. Substantive relationship test

c

Substantive due process rights would include all of the following except: a. right of privacy. b. right to interstate travel. c. right to have certain evidence excluded from a trial. d. right to vote.

c

The main purpose of the Bill of Rights is to: a. provide restrictions on the powers of the states. b. provide the authority for federal government to regulate business. c. provide restrictions on the powers of the federal government. d. None of the above.

c

Which of the following would be considered property for purposes of procedural due process? a. Social Security payments b. Food stamps c. Both Social Security and food stamps d. Neither Social Security nor food stamps

c

For the purposes of procedural due process, the term "property" includes: a. real property and personal property only. b. real property and entitlements only. c. personal property and entitlements only. d. real property, personal property, and entitlements.

d

Which of the following federal "powers" stem from the Commerce Clause? a. The power to coin money b. The power to tax c. The power of eminent domain d. Environmental protection

d

Intermediate test

used for gender & legitimacy

T/F: The Supreme Court recently held that governmental restrictions of commercial speech must be absolutely the least severe necessary to achieve the governmental objective.

false

T/F: The right of eminent domain permits the taking of private property for any purpose by government with fair compensation.

false

T/F: While goods are in the stream of interstate commerce, they may be taxed by individual states.

false

State action

refers to actions taken by governments as opposed to actions taken by private individuals. The Thirteenth Amendment, abolishing slavery or involuntary servitude, applies to the actions of private individuals, but other Constitutional protections apply only to state action.

Federal preemption

refers to the right of the federal government to regulate matters within its powers to the possible exclusion of state regulation. Federal regulation overrides conflicting state regulation.

T/F: Judicial review is the process by which courts review the constitutionality of government actions.

true

T/F: The Fourteenth Amendment provides that states shall not deny equal protection to persons.

true

T/F: The contract clause of the U.S. Constitution applies only to the actions of state governments.

true

T/F: The doctrine of federal preemption requires a conflicting state law give way to the federal legislation.

true

T/F: The strict scrutiny test requires that the legislature's classification be necessary to promote a compelling or overriding governmental interest.

true