Chapter 5 - Introdution to Buneiss Law

What situation would NOT be regulated by the federal government under the Commerce Clause?

A state requiring lawyers practicing in the state to be licensed

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate scrutiny

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

1) A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. 2) A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

1) It must not be overly restrictive to meet its objectives. 2) It must directly advance a government interest. 3) It must seek to implement a substantial government interest.

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.

1) Limitations on advertisements for alcohol 2) Some advertising venues for tobacco

What type of speech does not receive First Amendment protections? Choose 3 answers.

1) Speech that incitess lawlessness 2) obscenity 3) Treats to the president of the united states

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices.

1) To regulate international commerce 2) To regulate commerce on the national and local levels

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers

1) rational basis review 2) strict scrutiny 3) intermediate scrutiny

What is true of corporate political speech?

Corporate political speech is protected by the First Amendment..

You are employed as a receptionist at an upscale restaurant with a large base of regular customers. One of your male co-workers recently announced he is transitioning to female and will soon begin to dress and present as a woman. Your co-worker has earned praise from your boss and outstanding performance reviews. Your employer is concerned, however, that customers will be uncomfortable by the transition and will find other places to enjoy a meal. As a result, your employer terminates your coworker from his job. Your coworker is offended and angry and wants to take action to get the job back. Can the employer legally terminate employees on the ground they are transgender?

No, transgender employees are protected by the Equal Protection Clause and the Civil Rights Act of 1964.

What business speech is protected by the First Amendment?

Some types of advertising

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

invalidate the law.

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the Supremacy Clause