Chapter 5 Reading – Flashcards

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question
What are the constitutional requirements for a city to take private property from a citizen?
answer
There must be a public purpose and just compensation.
question
When is the sufficient nexus test is used?
answer
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.
question
What is the police power?
answer
The authority of states to pass laws that promote public health and welfare.
question
Why was the Violence Against Women Act (VAWA) declared to be unconstitutional?
answer
Because Congress can regulate only economic activities, not non-economic activities that have an effect on interstate commerce.
question
What type of corporate political speech can be fully regulated?
answer
Advertising
question
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?
answer
The First Amendment and freedom of speech.
question
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?
answer
He is incorrect because your firm is not a government entity.
question
What actions require due process?
answer
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.
question
Which branch is established in Article II of the U.S. Constitution?
answer
Executive Branch
question
The doctrine of preemption goes with which clause in the U.S. Constitution?
answer
The Supremacy Clause
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