Chapter 5 Reading – Flashcards
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What are the constitutional requirements for a city to take private property from a citizen?
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There must be a public purpose and just compensation.
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When is the sufficient nexus test is used?
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To determine whether a business operating within a state can be taxed by that state and how much of its property and income is subject to taxation.
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What is the police power?
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The authority of states to pass laws that promote public health and welfare.
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Why was the Violence Against Women Act (VAWA) declared to be unconstitutional?
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Because Congress can regulate only economic activities, not non-economic activities that have an effect on interstate commerce.
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What type of corporate political speech can be fully regulated?
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Advertising
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Nike's letter to the editor at the New York Times about its shoe factories around the world and allegations that it ran "sweatshops" raised what constitutional issue?
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The First Amendment and freedom of speech.
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You are the CEO of a telemarketing company. One of your employees posts political ads in his cubicle. The company has a policy prohibiting this practice. The employee believes that you are violating his First Amendment rights. Is he correct?
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He is incorrect because your firm is not a government entity.
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What actions require due process?
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A hearing before a mortgage foreclosure, or at least the right of notice before property is sold after repossession as a result of nonpayment of the underlying debt.
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Which branch is established in Article II of the U.S. Constitution?
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Executive Branch
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The doctrine of preemption goes with which clause in the U.S. Constitution?
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The Supremacy Clause