BLW 302 PEREZ EXAM 1 NEWEST ACTUAL

BLW 302 PEREZ EXAM 1 NEWEST ACTUAL /

QUESTIONS AND ANSWERS VERIFIED/GRADED A+

In case of direct conflict between state and federal law, ___ state law is invalid

Congressional intent to preempt a conflicting state or local law, regulation, or ordiance exists if the federal law is so pervasive, comprehensive, or detailed that it leaves state and local law no room to supplement it, or Creates a federal regulatory agency that is empowered to enforce federal law

Taxing and spending powers Congress has the "Power to lay and collect Taxes, Duties, Imposts, and Excises" which shall be "uniform" among the states

Taxing and spending powers 2 Also gives congress its spending power - The power ___ Also gives congress its spending power - The power "To pay the debts and provide for the common defense and general welfare of the United States" 1 / 4

First ten amendments to the US constitution Bill of Rights

Taxing and spending powers 3 Congress can spend revenues to carry out its expressed powers and promote any objective it deems worthwhile, ___ as long as it does not violate the Bill of Rights

Freedom of Speech Right to free speech is the basis for our democratic govenment Free speech also includes symbolic speech including gestures, movements, and articles of clothing

What applies to natural persons and most apply to business entities as well?Bill of Rights

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Originally, the Bill of Rights was a limit on the national government's powers. Many were "incorporated" into states via ___ the due process clause of the 14th Amendment.

Rights are not ___ absolute

Reasonable Restrictions on Freedom of Speech There is a balance between governments obligations to protect and citizens exercise of rights

Content-Neutral laws Laws that regulate the time, manner, and place, but not the content, of speech receive less scrutiny by the courts than do laws that restrict the content of expression.

Laws that restrict content of speech Must have compelling government interest

Freedom of speech: Corporate political speech 3 / 4

Also falls under the protection of the first amendment

Freedom of Speech unprotected Fighting words Defamatory speech speech that violates criminal laws (such as threatening speech orpossession of child pornography)

Citizens United v. Federal Election Commission (2010) The SupremeCourt ruled that corporations can spend freely to support or oppose candidates for president and Congress. No direct contributions.

Freedom of Religion The establishment clause prohibits government from establishing a state sponsored religion, or passing laws that favor one over the other

Searches and seizures -Fourth amendment -Requires search warrants to have "probable cause" -General searches through personal belongings are illegal

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