BUS LAW Ch. 2-Constitutional Law

You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel.

Does the order of the governor restricting travel violate your substantive due process rights?

No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

In what situations does federal law preempt state law? Choose 2 answer choices.

When Congress passes a law and creates an agency to enforce that law

When Congress passes very detailed laws

What situation would NOT be regulated by the federal government under the Commerce Clause?

A state requiring lawyers practicing in the state to be licensed

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices.

To regulate commerce on the national and local levels

To regulate international commerce

Identifying the Facts and Issues

Evander worked in the nonmilitary operations of a large firm that produced both military and nonmilitary goods....

Freedom of religion is divided into two major categories. The first prevents the government from _____ a state-sponsored religion, promoting or preferring religion. The second component of religious freedom guarantees that people can believe what they want to believe and is called _____ the clause. The free exercise clause has an absolute protection related to _____ but the government may restrict an individual's _____ in order to maintain order.

1. establishing

2. free exercise

3. beliefs

4. actions

In order to financially support himself, Evander either had to _____ working for the military division or needed to _____ unemployment benefits. In order to receive unemployment benefits, Evander could not _____ , but instead had to _____ . Evander's company did not _____ him; instead, it allowed him an opportunity to continue working, but for the military division.

1. continue

2. receive

3. quit voluntary

4. be terminated

5. terminate

Evander alleges that the state denied him unemployment because he quit rather than work in a location where his religious _____ would be violated, and he claims a violation of the _____ clause. In order to infringe upon Evander's rights in this way, the state must have a _____ interest that can only be served by infringing upon his rights.

1. beliefs

2. free exercise

3. compelling

According to Evander, continuing to work for the military division would _____ Evander's religious beliefs. Because of the state's regulation, Evander either had to _____ his religious beliefs and continue working for the military division or give up unemployment compensation. Because the state forced Evander to choose between his religion and his unemployment benefits, the state _____ violate his free exercise rights.

1. violate

2. violate

3. did

A court is likely to find that the state's interest in reducing illegal drug activity, and the associated criminal activity, is a _____ interest that would justify violating Evander's religious freedom. If the court considers the state's reasons sufficient, it is likely to find that the regulation that violates Evander's religious freedom is _____ if the regulation is the only way to meet that government objective.

1. compelling

2. valid