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MIE 305 EXAM #2 QUESTIONS AND ANSWERS WITH VERIFIED SOLUTIONS $13.99
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MIE 305 EXAM #2 QUESTIONS AND ANSWERS WITH VERIFIED SOLUTIONS

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MIE 305 EXAM #2 QUESTIONS AND ANSWERS WITH VERIFIED SOLUTIONS

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  • December 1, 2024
  • 24
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • MIE 305
  • MIE 305
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MIE 305 EXAM #2 QUESTIONS AND
ANSWERS WITH VERIFIED SOLUTIONS

Articles of Confederation - ANSWER 1st Constitution of the U.S. 1781-1788
(weaknesses-no executive, no judicial, no power to tax, no power to regulate
trade)


Structure of the Constitution - ANSWER A document creating a form of
government resting on the principles of federalism and free enterprise. It is
composed of a preamble, 7 articles, and 27 amendments. It creates the federal
government with 3 distinct branches (legislative, executive, and judicial).It creates
a plan for allocating the regulatory powers of both federal and state governments.
It creates limitations on the role of the government in regulating the lives of
individuals.


Difference between the Articles and the Amendments - ANSWER The Articles
had only one branch of government - the legislative branch. The Articles had
power concentrated at the state level, acting as a liaison between the central
government and the citizens. So, the Constitution moved towards strengthening
the central government.


Subject matter of the Articles - ANSWER The legislative branch was created. It
dealt with a confederal power base with two levels of government - state and
federal. It led to a recession and depression then Shay's Rebellion.


Separation of Powers - ANSWER Constitutional mandate that requires
branches of government, with each branch charged with performing certain
functions

,Checks and Balances - ANSWER Under the Constitution, the process by which
each branch of government restrains the power of another branch


Federalism - ANSWER Doctrine under which lawmaking is divided between a
federal government and a state government


Police Powers - ANSWER Government powers, including the areas of public
safety, health, welfare, and morals, which are traditionally domains that are
regulated by state government


Necessary and Proper Clause - ANSWER Constitutional clause that gives
congress the power to make all laws "necessary and proper" for executing its
powers


Commerce Clause - ANSWER Provision of the Constitution that empowers the
federal government with the ability to regulate interstate commerce


Supremacy Clause - ANSWER Constitutional provision mandating that federal
law is superior to state law


Due Process - ANSWER Provisions of the Constitution that are associated with
the 5th and 14th Amendment that prohibit the government from depriving an
individual or legal entity of life, liberty, or property without due process of the law


Procedural Due Process - ANSWER consists of: (1) notice that the government
is going to act and why, (2) a hearing before any governmental action takes place

, so that the individual or entity with the right has an opportunity to be heard, and
(3) an ability to appeal the determination made at the hearing


Substantive Due Process - ANSWER deals with fairness - the rational basis test
is used to determine if the government acted in a fair manner


Dormant Commerce Clause - ANSWER Judicially-created doctrine that forbids
states from acting in a manner that unreasonably impedes commerce among the
states


State Action - ANSWER Constitutional protections embedded in selective
provisions of amendments to the Constitution that apply only to instances where
the government has acted


Political Speech - ANSWER Entitled to the greatest protection of all speech, it
includes speech associated with matters of public interest


Commercial Speech - ANSWER Speech that relates to a business transaction
(Some commercial speech, primarily speech that misleads, receives no protection
from the First Amendment. Other types of commercial speech receive an
intermediate level of protection.)


Takings - ANSWER Federal and state governments have the power of eminent
domain. In order for a society to grow and prosper, the government must be able
to claim land for public uses, including parks, roads, and government buildings. A
provision in the 5th Amendment guarantees that where the government takes
property for public use, the private owner is entitled to just compensation. The
notion of property extends beyond real property - trade secrets and intangible
property. The governmental action is broadly define and must be for public use.

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