BULW 3300 Chapter 4

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

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

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

What type of speech does not receive First Amendment protections?

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

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

the Supremacy Clause

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

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

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

A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. & 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.

What is true of corporate political speech?

Corporate political speech is protected by the First Amendment. & Corporate political speech is protected by the First Amendment.

Which classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job?

Intermediate Scrutiny

Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not?

Legislation must be fair and reasonable in content. & Legislation must further a legitimate governmental objective.

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, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

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?

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.

Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk

Rational Basis Test & Minimal Scrutiny

What restrictions on business speech are allowed by the First Amendment?

Some advertising venues for tobacco & Limitations on advertisements for alcohol

What business speech is protected by the First Amendment?

Some types of advertising

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?

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

Where are fundamental rights protected specifically in U.S. law?

Under substantive due process

In what situations does federal law preempt state law?

When Congress passes a law and creates an agency to enforce that law & When Congress passes very detailed laws

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, commercial speech is even more protected under the First Amendment than individual speech. 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.

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?

Yes, it is a violation of procedural due process.

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

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