Law 231 Chapter 2

1. a compelling governmental interest if a fundamental right is involved 2. a legitimate governmental purpose if a non-fundamental right is involved

What does substantive due process require? Choose 2 answer choices.

1. Political donations are protected by the First Amendment as types of corporate political speech. 2. Corporate political speech is protected by the First Amendment.

What is true of corporate political speech? Choose 2 answers.

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

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

A state requiring lawyers practicing in the state to be licensed

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

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

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

No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?

No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?

Fundamental rights are a determining factor in the analysis under substantive due process.

How does the Fifth Amendment apply to fundamental rights?

invalidate the law.

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

1. When Congress passes very detailed laws 2.When Congress passes a law and creates an agency to enforce that law

In what situations does federal law preempt state law? Choose 2 answer choices.

The federal statute preempts the state statute under the Supremacy Clause.

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?

Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?

Yes, it is a violation of procedural due process.

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?

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

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

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

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

Some types of advertising

What business speech is protected by the First Amendment?

1. It protects a person's right to hold no religious beliefs. 2.It protects the exercise of religious practices.

What does the First Amendment protect regarding religion? Choose 2 answer choices.

Any government employment restrictions related to religion must satisfy two requirements.

What does the Free Exercise Clause require?

Federal law is supreme over state law

What is preemption in the Supremacy Clause?

rational basis review

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

intermediate scrutiny

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?

federalism

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

1. obscenity 2. threats to the president of the United States 3. speech that incites lawlessness

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

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

the Supremacy Clause

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

No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?