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4Constitutional Chapter Law TRUE/FALSE 1. The Bill of Rights was included in the original U.S. Constitution. Register to View Answer PTS: 1 2. States may enact legislation even where the federal government has created laws. Register to View Answer PTS: 1 3. A law is not valid unless it complies with the U.S. Constitution. Register to View Answer PTS: 1 4. The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution. Register to View Answer PTS: 1 5. Generally, the legislative branch of government has the power to enforce the law. Register to View Answer PTS: 1 6. The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves. Register to View Answer PTS: 1 7. Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly. Register to View Answer PTS: 1 8. The federal government's authority to govern economic matters flows from the Commerce Clause. Register to View Answer PTS: 1 9. The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business. Register to View Answer PTS: 1 10. The Commerce Clause limits the power of states to tax. Register to View Answer PTS: 1 11. The First Amendment allows free speech in any and all circumstances. Register to View Answer PTS: 1 12. Restrictions may be placed on an individual's right to free speech. Register to View Answer PTS: 1 13. The First Amendment guarantee of free speech applies not only to individuals but also to corporations. Register to View Answer PTS: 1 14. A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause. Register to View Answer PTS: 1 15. The Fourteenth Amendment restricts the power of states to tax. Register to View Answer PTS: 1 16. Judicial review is another phrase for an appeal of a lower courts judgment. Register to View Answer PTS: 1 17. First Bank would like to place some ads in the local newspaper in support of proposed legislation that it believes would increase its revenues, but there is a local ordinance that prohibits such ads. First Bank consults its attorney because it would like to challenge the ordinance as unconstitutional. In all likelihood, the ordinance is a violation of First Bank's rights of free speech under the First Amendment. Register to View Answer PTS: 1 18. The federal government's power to tax has no limitations. Register to View Answer PTS: 1 19. The Contract Clause of the Constitution allows states to retroactively modify public charters and private contracts. Register to View Answer PTS: 1 20. The Bill of Rights applies directly to the states. Register to View Answer PTS: 1 21. A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit. Register to View Answer PTS: 1 22. The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states. Register to View Answer PTS: 1 23. Both the Fifth and Fourteenth Amendments contain due process clauses. Register to View Answer PTS: 1 24. The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that they can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail. Register to View Answer PTS: 1 25. In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce. Register to View Answer PTS: 1 26. The Bill of Rights restricts the power and authority of the federal government. Register to View Answer PTS: 1 27. The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers. Register to View Answer PTS: 1 28. The Bill of Rights was part of the original Constitution which was adopted on September 17, 1787. Register to View Answer PTS: 1 29. States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers. Register to View Answer PTS: 1 30. Powers given exclusively to the federal government under the U.S. Constitution include the power to establish laws governing bankruptcy and to coin money. Register to View Answer PTS: 1 31. The Constitution gives the federal and state governments concurrent powers over patents and copyrights. Register to View Answer PTS: 1 32. Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional. Register to View Answer PTS: 1 33. An official action by an agency of the city of Oakwood against one of its citizens would be considered state action. Register to View Answer PTS: 1 34. The Supreme Court, in Jackson v Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was state action since the State had granted the utility a monopoly. Register to View Answer PTS: 1 35. "Eminent domain" refers to a governmental taking of private property for public use. Register to View Answer PTS: 1 36. The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government. Register to View Answer PTS: 1 37. In relation to the Takings Clause, public use has been held to be synonymous with public purpose. Register to View Answer PTS: 1 38. Substantive due process addresses the fairness of the process by which a legal rule is applied. Register to View Answer PTS: 1 39. Defamation is a form of speech wholly outside the protection of the First Amendment. Register to View Answer PTS: 1 40. "Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth. Register to View Answer PTS: 1 41. The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process. Register to View Answer PTS: 1 42. Under the federalist system, the states retain significant powers; however, the supremacy clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme. Register to View Answer PTS: 1 43. In equal protection cases involving economic regulation, the courts use the rational relationship test. Register to View Answer PTS: 1 44. In a sex discrimination case under the equal protection clause, the courts apply the strict scrutiny standard of review. Register to View Answer PTS: 1 45. Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution. Register to View Answer PTS: 1 46. The federal government's power to tax is subject to the limitation that all custom duties and excise taxes must be uniform throughout the United States. Register to View Answer PTS: 1 47. Eminent domain is not one of the recognized inherent powers of government. Register to View Answer PTS: 1 48. Most forms of speech are protected by the strict or exacting scrutiny standard. Register to View Answer PTS: 1 49. The U.S. Supreme Court upheld a state statute prohibiting corporations from using general treasury funds to make independent expenditures in elections for public office. Register to View Answer PTS: 1 MULTIPLE CHOICE 1. Whatever powers are not specifically assigned to the United States by the Constitution are reserved to: a. the federal government. b. the state governments or the people. c. the Supreme Court. d. the Congress. Register to View Answer PTS: 1 2. The main purpose of the Bill of Rights was to: a. enumerate all of the rights of U.S. citizens. b. list the powers of the federal government. c. provide for restrictions on the power of the federal government. d. provide limitations on the powers of individuals. Register to View Answer PTS: 1 3. The states may enact legislation concerning a subject in which there is a federal statute if: a. there is a writ of certiorari to the U.S. Supreme Court. b. Congress expressly grants that power to the state. c. the states reserve the right at the time the federal statute is enacted. d. None of the above. Register to View Answer PTS: 1 4. Which of the following would NOT be included in the powers of the federal government? a. Power to tax a product produced and consumed exclusively in Alaska. b. Power to grant government contracts to minority corporations. c. Power to condemn a building to make way for an interstate highway. d. Power to tax only incomes above $6,000. Register to View Answer PTS: 1 5. Judicial review extends to: a. legislation. b. acts of the executive branch. c. decisions of inferior courts. d. All of the above. Register to View Answer PTS: 1 6. The Contract Clause prevents a state from: a. making contracts with private individuals. b. affecting any agreements between parties. c. contracting with another state. d. None of the above. Register to View Answer PTS: 1 7. Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary was reported to have been disbarred in another state ten years before. It is not true of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper: a. simply by proving the falsity of the statement. b. only if Frank was not disbarred. c. only if he can prove that the paper acted with actual malice. d. only if he can show harm to his character resulted from the statement. Register to View Answer PTS: 1 8. Under substantive due process, legislation affecting which of the following would be strictly scrutinized as affecting fundamental rights? a. The right to receive federally guaranteed student loans. b. The right to marry someone from a particular ethnic background if both parties wanted to marry. c. The right of free speech. d. Both (b) and (c). Register to View Answer PTS: 1 9. A classification based on gender or "legitimacy" for a governmental action: a. does not need to bear a substantial relationship to an important governmental objective. b. eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test. c. does not allow taking into legislative consideration the natural physical differences of gender. d. requires that men and women be treated exactly the same with regard to governmental action. Register to View Answer PTS: 1 10. Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases? a. Where Social Security benefits are refused. b. Where a juvenile criminal is sent to a detention home. c. Where a professor is fired from his tenured position. d. Where a college student is denied a private scholarship. Register to View Answer PTS: 1 11. When the strict scrutiny test is used, a court is free to substitute its thinking for that of the legislature in deciding if a law violates equal protection. Which of the following would NOT be subject to strict scrutiny? a. Legislative appropriations giving more money to single, poor women with dependent children, than to single, poor men with dependent children. b. Requiring black students to attend one high school and white students to attend another. c. Restricting the right to vote to those who were born within the state. d. Giving free lunches only to school children of Mexican descent. Register to View Answer PTS: 1 12. Which of the following is correct with regard to the Bill of Rights? a. It serves as a major restriction on the powers and authority of the federal government. b. It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. c. It consists of ten amendments to the U.S. Constitution that were adopted in 1791. d. All of the above are correct. Register to View Answer PTS: 1 13. The U.S. Constitution vests power in the branches of government that form a "check and balance" system. Those branches of government are: a. executive. b. legislative c. judicial. d. All of the above. Register to View Answer PTS: 1 14. Which of the following is correct with regard to the powers of government in the United States? a. The federal government is not a government of enumerated powers. b. The federal government is all-powerful except in cases of state criminal law. c. Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution. d. Congress may not enact legislation that affects the states. Register to View Answer PTS: 1 15. According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is: a. separation of powers. b. supremacy. c. preemption. d. federalism. Register to View Answer PTS: 1 16. In the case of ____, Chief Justice Marshall stated, "This great principle is, that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them." a. McCulloch v. Maryland b. Marbury v. Madison c. Shelley v. Kraemer d. Marsh v. Alabama Register to View Answer PTS: 1 17. The ____ and ____ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law. a. First, Tenth b. Fifth, Fourteenth c. Fourth, Fourteenth d. Fifth, Ninth Register to View Answer PTS: 1 18. Constitutions serve which of the following functions? a. They are the supreme law of their jurisdictions. b. They establish the structure of and allocate power among the levels of government. c. They impose restrictions upon the powers of government and enumerate rights of the people. d. All of the above. Register to View Answer PTS: 1 19. The ____ case declared the authority of courts to examine governmental actions to determine whether they conform to the U.S. Constitution. a. Abrams v. United States b. Marsh v. Alabama c. Marbury v. Madison d. McCulloch v. Maryland Register to View Answer PTS: 1 20. Which of the following is a major limitation on the federal governments power to tax? a. Indirect taxes must be apportioned among the states. b. All custom duties and excise taxes must be uniform throughout the United States. c. Progressive tax rates are prohibited. d. All of the above. Register to View Answer PTS: 1 21. John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on: a. deference to the legislature as to whether such a classification of persons is constitutionally permissible. b. whether there is clear and convincing evidence that there is no reasonable basis for the legislation. c. the rational relationship test. d. the strict scrutiny test. Register to View Answer PTS: 1 22. Which of the following is included in the Fourteenth Amendment? a. Free speech clause. b. Equal protection. c. Both (a) and (b). d. None of the above. Register to View Answer PTS: 1 23. The Supreme Court interprets the Commerce Clause: a. narrowly. b. as granting virtually complete power to Congress to regulate the economy. c. as restricting Congress to the coining of money and taxation. d. as granting Congress the power to take property under eminent domain. Register to View Answer PTS: 1 24. The Commerce Clause in connection with the ____ limits the power of the states to tax. a. Fifth and Fourteenth Amendments b. Fourteenth Amendment c. principle of separation of powers d. Import-Export Clause Register to View Answer PTS: 1 25. For the purposes of procedural process, due ____ includes certain entitlements conferred by government, such as social security payments and food stamps. a. the right of free speech b. equal protection c. property d. liberty Register to View Answer PTS: 1 26. A classic and important example of strict scrutiny of classifications based upon race is the desegregation case of: a. Board of Curators of the University of Missouri v. Horowitz. b. Silkwood v. Kerr-McGee Corporation. c. New York Times v. Sullivan. d. Brown v. Board of Education of Topeka. Register to View Answer PTS: 1 27. What constitutional principle requires that similarly situated people be treated similarly by government? a. Free speech b. Equal protection c. Due process d. Eminent domain Register to View Answer PTS: 1 28. Because defamation involves a communication, the protection extended to speech by the ____ Amendment applies. a. Fourth b. Fifth c. First d. Fourteenth Register to View Answer PTS: 1 29. In the Supreme Courts view, the necessary and proper clause: a. authorizes Congress to legislate only in areas mentioned in the list of enumerated powers. b. enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such legislation reasonably relates to some enumerated power. c. extends state action to action taken by private citizens whenever such interpretation is necessary to protect a fundamental right. d. restricts state regulations that obstruct interstate commerce. Register to View Answer PTS: 1 30. The requirement that a classification have a substantial relationship to an important governmental objective is known as the: a. rational relationship test. b. strict scrutiny test. c. intermediate test. d. Contract Clause. Register to View Answer PTS: 1 31. A state constitutional provision conflicts with a valid federal statute. Under the supremacy clause: a. the federal statute is supreme. b. the state constitutional provision is supreme. c. the federal statute is supreme if Congress has expressly so provided. d. the state constitutional provision is supreme if it expressly so states. Register to View Answer PTS: 1 32. Under the Commerce Clause, Congress has the power to regulate: a. only the channels of interstate commerce. b. the channels and instrumentalities of interstate commerce, as well as those activities having a substantial relation to interstate commerce. c. only the instrumentalities of interstate commerce. d. only the channels and instrumentalities of interstate commerce. Register to View Answer PTS: 1 33. Judicial review is: a. a power of federal, but not state, courts. b. a check by the judicial branch on legislative action. c. a check by the judicial branch on executive action. d. Both (b) and (c) are correct. Register to View Answer PTS: 1 34. State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will: a. not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible. b. determine that fundamental rights and a suspect classification are involved in this legislation. c. only require that the legislation conceivably bear some rational relationship to a legitimate governmental interest. d. review the legislation to see if it bears a substantial relationship to an important governmental objective. Register to View Answer PTS: 1 35. The legislative branch's primary check on both the judicial and executive branches is the power to: a. veto executive or judicial decisions. b. approve appointments to the courts and agencies. c. appoint judges and cabinet officials. d. None of the above. Register to View Answer PTS: 1 36. If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the ____ doctrine. a. state action b. federal preemption c. interstate commerce d. supremacy Register to View Answer PTS: 1 37. The federal government has exclusive power to establish laws governing: a. bankruptcy. b. patents. c. copyrights. d. All of the above. Register to View Answer PTS: 1 38. The federal government has been enabled to establish a national banking system and the Federal Reserve System because of: a. the Article I, Section 8, constitutional grants to Congress of the power to borrow money on the credit of the United States and the power to coin money. b. powers derived from the Commerce Clause. c. delegation by the state governments of some of their enumerated powers. d. the Contract Clause contained in Article I, Section 10 of the Constitution. e. Both (a) and (b). Register to View Answer PTS: 1 39. The Takings Clause requires just compensation if the government: a. actually takes the property. b. regulates to such an extent that it deprives the owner of all economic use of the property. c. regulates property in such a way that it reduces the value of the property in any way. d. Both (a) and (b) are correct. e. All of the above are correct. Register to View Answer PTS: 1 40. The ____ Clause protects against impairing the charter of a corporation formed under a state incorporation statute. a. Supremacy b. Commerce c. Contract d. Takings Register to View Answer PTS: 1 41. A star basketball player in the NBA: a. is a "public figure" with respect to a defamation action against a newspaper. b. is a "public official" with respect to a defamation action against a newspaper. c. may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him. d. is not subject to the "actual malice" test in defamation actions against the press. Register to View Answer PTS: 1 42. Since ____, the U.S. Supreme Court has abandoned its earlier approach in substantive due process cases and no longer overturns economic and social legislation, so long as it is rationally related to legitimate governmental objectives. a. 1812 b. 1937 c. 1954 d. 1980 Register to View Answer PTS: 1 43. Procedural due process pertains to governmental decisions depriving a person of: a. life. b. liberty. c. property. d. All of the above. Register to View Answer PTS: 1 44. Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights, the ____ Clause is now the most important clause in this regard. a. Procedural Due Process b. State Action c. Equal Protection d. Fundamental Rights Register to View Answer PTS: 1 45. A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have her case reviewed under the ____ test of the Equal Protection Clause. a. rational relationship b. intermediate c. strict scrutiny d. None of the above Register to View Answer PTS: 1 46. The principle of ____ concerns the compatibility of a law or governmental action with fundamental constitutional rights, such as free speech. a. procedural due process b. substantive due process c. the rational relationship test d. equal protection Register to View Answer PTS: 1 47. Strict scrutiny is used by the U.S. Supreme Court to carefully scrutinize: a. the First Amendment right of freedom of religion. b. the right to engage in interstate travel. c. the right to vote. d. All of the above are situations where strict scrutiny would be applied. Register to View Answer PTS: 1 48. The State where Lauras father had lived passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the equal protection clause of the Fourteenth Amendment. The case is now under consideration by the United States Supreme Court. In deciding the constitutionality of the provision, the Court will: a. apply the rational relationship test. b. apply the strict scrutiny test. c. apply the intermediate standard test. d. create a new test. Register to View Answer PTS: 1 49. Dr. David Doright is a Professor at a state university. One day he has an argument with the president of the university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. a. This is not a criminal case, so Dr. Doright has no right to a hearing. b. Dr. Doright appears to have been denied the equal protection of the law. c. The firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him. d. The U.S. Constitution does not apply to this case. Register to View Answer PTS: 1 50. Which of the following is not protected by the free speech guarantee found in the Constitution? a. Commercial speech b. Obscenity c. Defamation d. All of the above are protected by the free speech clause. Register to View Answer PTS: 1 51. The extent to which state regulation may affect interstate commerce: a. is decided using a case-by-case analysis. b. is ultimately decided by the Supreme Court. c. will be determined without regard to the extent to which the regulation discriminates against interstate commerce in favor of local concerns. d. Both (a) and (b). Register to View Answer PTS: 1 52. Which of the following activities is regulated by the federal government through its exercise of the commerce power? a. Federal crimes b. Electronic funds transfers c. Civil rights in employment d. Environmental protection e. All of the above. Register to View Answer PTS: 1 53. Which of the following is included within the term "property" for purposes of procedural due process? a. b. c. d. Real property Social Security payments Food stamps All of the above. Register to View Answer PTS: 1 54. How does the Due Process Clause of the Fourteenth Amendment differ from the Due Process Clause of the Fifth Amendment? a. The Fourteenth Amendment clause protects individuals from violations of their rights by state governments. b. The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. c. The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. d. The Fourteenth Amendment clause requires the application of strict scrutiny in all cases. Register to View Answer PTS: 1 ESSAY 1. Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection. What are the three tests? When is each applied? In your opinion, why have different tests been developed? ANS: The rational relationship test applies to economic legislation and requires only that the classification bear some rational relationship to a legitimate governmental interest furthered by the classification. Under this standard, there is a strong presumption that the action is constitutional. The strict scrutiny test is much more exacting. It requires that the legislature's classification be necessary to promote a compelling governmental interest. The strict scrutiny test is applied to cases involving suspect classifications made on the basis of race or national origin or to cases affecting fundamental rights. The intermediate test is more rigorous than the rational relationship test but less demanding than the strict scrutiny test. It is applied in cases involving government action that makes classifications based on gender and legitimacy and requires that the classification have a substantial relationship to an important governmental objective. PTS: 1 2. The U.S. Constitution created a federal government of enumerated powers. What powers are enumerated in the Constitution? List them and give the source where they are found in the Constitution. Explain what is meant by each. ANS: The commerce power is found in Article I, Section 8, of the U.S. Constitution. It grants to the federal government the exclusive power to regulate commerce with foreign countries and among the states. Article I, Section 8 also authorizes the federal government to pay debts and to spend for the common defense and general welfare of the United States. In addition, Article I, Section 8 grants Congress the power to borrow and coin money, which is the basis for the establishment of the Federal Reserve System. The Fifth and Fourteenth Amendments give the federal government and the states the power of eminent domain. PTS: 1 3. What rights are protected by the First Amendment? What sorts of speech are constitutionally protected? Is defamation protected by the First Amendment? Explain. ANS: The First Amendment contains a prohibition against the establishment of religion by Congress; guarantees the free exercise of religion; protects freedom of speech, freedom of the press, and the right of the people to peaceably assemble and to petition the government for redress of grievances. The First Amendment protects commercial speech, artistic speech, literary speech, and political speech, but it is not absolute and does not cover obscenity. Because defamation involves a communication, the protection extended to speech by the First Amendment applies. However, the Supreme Court has ruled that a public figure who has been defamed must prove actual malice in order to recover damages. PTS: 1 4. The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state. Several airlines challenge the legislation as unconstitutional. What is the likely result of the court case? Explain. ANS: The concept of federalism means that the governing power is divided between the federal government and the states. Clearly, Hawaii has some power to tax businesses so long as there is sufficient nexus between the state and the activity being taxed. However, this particular piece of legislation is likely to be found to be unconstitutional, because it unduly interferes with commerce among the states and with foreign countries. The U.S. Constitution grants exclusive power to the federal government to regulate commerce with foreign countries and among the states. This provision is a broad source of power for the federal government and also a restriction on state regulations that obstruct or unduly burden interstate commerce. This regulation unduly burdens interstate commerce. There may also be an issue of federal supremacy and preemption here, as the federal government has preempted the field of aviation regulation. PTS: 1 5. Define defamation. ANS: Defamation is a civil wrong or tort that consists of disgracing or diminishing a person's reputation through the communication of a false statement. An example would be the publication of a false statement that a person had committed a crime or had a loathsome disease. PTS: 1 6. Briefly discuss the Contract Clause of the U.S. Constitution. ANS: Article I, 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. The Court has also ruled that no legislature can bargain away the public health or the public morals. The Contract Clause does not hinder the states from exercising eminent domain or their police powers. The Contract Clause does not apply to the federal government, but due process limits the federal governments power to impair contracts. PTS: 1 ... View Full Document

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