LES 305 Exam 2, Week 5 Reading HW

Your company's response in the media to allegations of illegal or unethical conduct raises which constitutional issue?

The First Amendment and freedom of speech.

This relates to commercial speech, which is partially protected under the First Amendment

Why was the Violence Against Women Act (VAWA) declared to be unconstitutional?

VAWA was unconstitutional because Congress can regulate only economic activities, not non-economic activities that have an effect on interstate commerce

What is the police power?

The police power is the authority of states to pass laws that promote public health and welfare.

The police power is the power to pass laws on food safety, road safety, and public health and many other area designed to keep society safe and healthy.

The sufficient nexus test is used

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

The sufficient nexus test is the test for taxation. States cannot overreach in their taxation of businesses that really do not have enough of a presence in the state to justify taking even a portion of their revenue as a subject to tax.

The doctrine of preemption goes with which clause in the U.S. Constitution?

The Supremacy Clause

if Congress has regulated an area so extensively, then states cannot step in and also regulate - they are preempted from regulation

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. He is

incorrect, because your firm is not a governmental entity.

You have Constitutional rights when the government is taking action against you, not a private entity.

What are the constitutional requirements for a city to take private property from a citizen?

There must be a public purpose and just compensation.

Eminent Domain

Which of the following actions would not require due process?

They all would require due process:

- The gov. taking away a business license

- Evicting a tenant by the sheriff

- Expelling a student from a public school

What type of corporate speech can be fully regulated?

- advertising

- political speech on a referendum

- right to bring suits

- use of the internet for websites for the company

advertising

Which branch of government is established in Article II of the U.S. Constitution?

Executive Branch