Ch 4

Question 1

Commerce clause

Answer 1

72
grants the congress the power to regulate commerce with foreign nations and among the several states, and with indian tribes.

Question 2

Indian gaming regulatory act

Answer 2

73

federal, establishes the requirements for conducting casino gambling and other gaming activities on tribal land.

Question 3

state’s police power

Answer 3

74-75

enact to protect or promote the public health, safety, morals and general welfare.

Question 4

bill of rights

Answer 4

false

first 10 amendments

Question 5

freedom of speech- types

Answer 5

77-80
FULLY PROTECTED SPEECH- cannot be prohibited or regulated by the government.
ex. political speech, burning flag

LIMITED PROTECTED SPPECH- speech that the government may not prohibit but that is subject to time, place, and manner restrictions.
ex. tv with offensive language at night not day (offensive speech) and commercial speech

UNPROTECTED SPEECH- speech not protected by 1st amendment and may be forbidden. ex. yelling fire, hostile or violent ,, untrue statements, child pornography, obscene speech

Question 6

protected symbolic speech

Answer 6

77

burning the flag in protest of federal government military action

Question 7

limited protected speech - commercial speech

Answer 7

78-79
speech used by business such as advertising
ex. prohibited a pharmacist from advertising the price of prescription drugs.
city can prohibit billboards along highway for safety and aesthetic reasons if other forms of advertising are available.

Question 8

unprotected speech

Answer 8

79-80
speech not protected by 1st amendment and may be forbidden.
ex. yelling fire, hostile or violent ,, untrue statements, child pornography, obscene speech

Question 9

equal protection

Answer 9

81-82
state cannot deny to any person within its jurisdiction the equal protection of the laws

strict scrutiny test- voting rights or race
intermediate scrutiny test- gender
rational basis test- age

Question 10

intermediate scrutiny test

Answer 10

82
based on protected class such as gender.

Question 11

procedural due process

Answer 11

84
due process requires that the government gives a person proper notice and hearing (trial) of legal action before that person is deprived of his or her life, liberty or property.

Question 12

substantive due process

Answer 12

84
due process requires that the government statutes, ordinance, regulations and other laws be clear on their face and not overly broad in scope.
ex. “clothes of the opposite sex”
laws that do not meet are declared void of vagueness

Question 13

privileges and immunities clause

Answer 13

86
prohibits states from enacting laws that unduly discriminate in favor of their residents.
ex. state cannot enact a law that prevent residents of other states from owning property or business in that state

Question 14

In 1967, large oil reserves were discovered in the Prudhoe Bay area of Alaska. As a result, state revenues increased from $124 million in 1969 to $3.7 billion in 1981. In 1980, the state legislature enacted a dividend program that would distribute annually a portion of these earnings to the state’s adult residents. Under the plan, each citizen eighteen years of age or older receives one unit for each year of residency subsequent to 1959, the year Alaska became a state. The state advanced three purposes justifying the distinctions made by the dividend program: (a) creation of a financial incentive for individuals to establish and maintain residence in Alaska; (b) encouragement of prudent management of the earnings; and (c) apportionment of benefits in recognition of undefined “contributions of various kinds, both tangible and intangible, which residents have made during their years of residency.” Crawford, a resident since 1978, brings suit challenging the dividend distribution plan as violative of the equal protection guarantee. Did the dividend program violate the Equal Protection Clause of the Fourteenth Amendment? Explain.

Answer 14

Yes–length of residence does not translate to greater contributions.

Question 15

The Federal Aviation Act provides that “The United States of America is declared to possess and exercise complete and exclusive national sovereignty in the airspace of the United States.” The city of Orion adopted an ordinance that makes it unlawful for jet aircraft to take off from its airport between 11:00 P.M. of one day and 7:00 A.M. of the next day. Jordan Airlines, Inc., is adversely affected by this ordinance and brings suit challenging it under the Supremacy Clause of the U.S. Constitution as conflicting with the Federal Aviation Act or preempted by it. Is the ordinance valid? Explain.

Answer 15

No–preemption

Question 16

The Public Service Commission of State X issued a regulation completely banning all advertising that “promotes the use of electricity” by any electric utility company in State X. The commission issued the regulation to conserve energy. Central Electric Corporation of State X challenges the order in the state courts, arguing-that the commission had restrained commercial speech in violation of the First Amendment. Was its freedom of speech unconstitutionally infringed? Explain.

Answer 16

Yes–too extensive

Question 17

A state statute empowered public school principals to suspend students for up to ten days without any notice or hearing. A student who was suspended for ten days challenges the constitutionality of his suspension on the ground that he was denied due process. Was due process denied? Explain.

Answer 17

Yes–need notice and hearing

Question 18

The McClungs own Ollie’s Barbecue, a restaurant located a few blocks from. the interstate highway in Birmingham, Alabama, with dining accommodations for whites only and a take-out service for blacks. In the year preceding the passage of the Civil Rights Act of 1964, the restaurant had purchased a substantial portion of the food it served from outside the state. The restaurant has refused to serve blacks since its original opening in 1927 and asserts that if it were required to serve blacks it would lose much of its business. The McClungs sought a declaratory judgment to render unconstitutional the application of the Civil Rights Act to their restaurant because their admitted racial discrimination did not restrict or significantly impede interstate commerce. Decision?

Answer 18

McClungs lose–Commerce clause