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Exam 5: Constitutional Law

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Question 1

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Hall was arrested for burning the United States' flag in a protest of governmental policy.His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

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Question 2

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A governmental classification based on gender would be subject to strict scrutiny.

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Question 3

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Fundamental rights include all EXCEPT the right to:

Assume that the state of Ohio passed a hazardous waste statute,seeking to protect the general public and workers.The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Both the state statute and the federal Occupational Safety and Health Act established job safety standards and specified worker training and employer licensing,but the requirements differed.Discuss which statute(s)Ohio corporations had to obey,and identify the source of the answer.

The primary source of federal power to regulate business is the:

The doctrine of preemption is based on the Constitution's:

Judicial review is the power of the federal courts to declare a statute or governmental action void.

Congress passed the federal OSHA establishing job safety standards.Illinois passed its own statute,which had slightly more lenient standards.Illinois workers are only held to the state standards unless they are involved in interstate commerce.

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:

Generally,constitutional protections do NOT apply to:

Professor Jones accuses Rachel,a senior at a large state university,of cheating on an exam.The Professor claims that Rachel must prove to him that she did not cheat.If she fails to convince him,she will be expelled from college.Rachel is being denied her due process rights.

By creating three independent and equal branches of the federal government,the U.S.Constitution prevented the federal government's power from being concentrated in one person.

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising,that statute would be:

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her.The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd,is an analysis of:

Tim received a letter from his state college stating he had been expelled from the school.The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him.He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper.Tim believes his due process rights have been violated by the college.Discuss what factors should be considered to determine the validity of Tim's claim.

Judicial review can best be described as the power of federal courts to:

Identify the basic job of a President of the United States,the source of executive power,and three key powers associated with the position of President.

The idea that courts should not be heavily involved in lawmaking,but rather should only rule in cases where the Constitutionality is clear is known as:

Jackie purchased a condominium.When she bought it,she realized the homeowner's association had a variety of rules and regulations that she would need to follow.One regulation was that no children were allowed to live in the complex.Two years after buying the condominium,Jackie gave birth to a child.She was immediately served with papers notifying her to move out of the complex.Discuss the constitutionality of the homeowner association's action.