If a federal law takes precedence over a conflicting state law which part of

If a federal law takes precedence over a conflicting

This preview shows page 33 - 35 out of 368 pages.

If a federal law takes precedence over a conflicting state law, which part of the U.S. Constitution will be invoked? The supremacy clause. If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will be held: unconstitutional according to Article I, Section 8. If it chooses, Congress may spend U.S. taxpayers' money: to promote any objective that Congress deems worthwhile, so long as it does not violate the Bill of Rights. As originally intended, the Bill of Rights limited: the power of the federal government only. Your right to be free from an unreasonable searches and seizures is guaranteed by: the Fourth Amendment. Today, most of the rights and liberties set forth in the Bill of Rights apply to state governments as well as a result of the adoption of: the Fourteenth Amendment. Courts traditionally give the rights guaranteed in the First Amendment: the fullest possible protection. Which of the following kinds of speech is given the most protection by a court? Political speech. Speech consisting of a false statement that harms someone's good reputation will: not be protected under the Constitution. The establishment clause: prohibits the government from creating a state- sponsored religion. The case of Bad Frog Brewery, Inc. v. New York State Liquor Authority involved which of the following? Commercial speech. Substantive due process focuses on: the content of legislation. If a law or action prohibits or inhibits some people from exercising a fundamental right, the law or action will be subject to what level of scrutiny by courts? Strict scrutiny. The first ten amendments to the U.S. Constitution are known as: the Bill of Rights. Bill of Rights - The first ten amendments to the U.S. Constitution. Checks and balances - The system by which each of the three branches of the national government (executive, legislative, and judicial) exercises checks on the powers of the other branches.
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Commerce clause - The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce. Compelling government interest - A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait. Due process clause - The provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions. Equal protection clause - The provision in the Fourteenth Amendment to the Constitution that guarantees that no state will ?deny to any person within its jurisdiction the equal protection of the laws.? This clause mandates that state governments treat similarly situated individuals in a similar manner.
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