Constitutional Grounds for Regulating Business
One function of the Constitution is to protect individual rights by limiting the role
Commercial speech is given the same level of protection from government
interference as political speech.
When there is a conflict between federal and sate law, federal law prevails
because of the Supremacy Clause.
The First Amendment is interpreted to include political free speech for
It is the exclusive right of the House of Representatives to approve treaties made
by the President.
The powers of the states are enumerated in Article I, Section 8 of the Constitution.
The federal government may regulate any activity that “substantially affects
interstate commerce” even if that activity takes place entirely within the borders
of the state.
The power of the federal government to completely regulate an activity, to the
exclusion of any state regulation, is the power of occlusion.
Arizona cannot have different standards for admitting in-state and out-of-state
residents to the practice of medicine because of the Full Faith and Credit Clause.
10. The government’s right to seize private property for public use extends only to
real property and not to personal property.
11. If a person claimed that a law was denying him employment opportunities based
on gender, the Court would review the law under the rational basis test.
12. Contraceptive use, marriage and abortion are rights granted in the Eighth
13. A private employer’s refusal to give an employee overtime pay would meet the
requirements for state action in a suit brought by the employee.
14. Federalism is the doctrine that the powers of government are shared between the
states and the federal government.
15. Judicial oversight is the power of the courts to review and invalidate legislation
that violates the Constitution.
Multiple Choice Questions
Chapter 5 Page 1
The federal government has exclusive control over all aspects of private and
commercial aviation in the United States. This is an example of the federal
government’s power to _______________an area of regulation.
The Constitutional basis for the right of privacy is
A specific guarantee found in the 5
A specific guarantee
found in the 14
A judicial construction based on the pursuit of happiness guarantee
Declaration of Independence
The Supreme Court’s finding that the right of privacy, although not
expressly stated, is inherent in a number of Amendments.
Assume that Connecticut took 600 acres of private property to build an overpass
over a major state road. This is an exercise of the state’s power of _________.
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