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LENB Test 1 El-Jourbagy(GCSU)- Questions & Answers
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LENB Test 1 El-Jourbagy(GCSU)- Questions & Answers
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LENB Test 1 El-Jourbagy(GCSU)-Questions & Answers
What are the checks that the Legislative Branch has on the Judicial Branch? Correct Ans-1.)
Can pass amendments to overrule judicial rulings
2.) Can impeach judges
3.) Establishes lower courts and set numbers of judges
What are the checks that the Judicial Branch has on the Legislative Branch? Correct Ans-1.)
Can declare laws passed by Congress unconstitutional
What are the checks that the Judicial Branch has on the Executive Branch? Correct Ans-1.)
Can declare acts of the executive branch unconstitutional
What are the checks that the Executive Branch has on the Judicial Branch? Correct Ans-1.)
Appoints federal judges
2.) Can pardon federal offenders
What is the supremacy clause? Correct Ans-Article VI, Paragraph 2, of the U.S. Constitution,
which states that the Constitution and all laws and treaties of the United States constitute the
supreme law of the land. Thus, any state and local law that directly conflicts with the U.S.
Constitution or federal laws or treaties are void.
What is the full faith and credit clause? Correct Ans-The clause of the U.S. Constitution
(Article IV, Section 1) mandating that each state must recognize, respect, and enforce public
records, legislative acts, and judicial decisions of the other states.
SHORT ANSWER: Discuss how the supremacy clause deals with marijuana. Correct Ans-In the
US, several states have passed legislation that legalizes the use of marijuana for medically,
recreationally, or both. These laws contradict what the federal law says about marijuana. If the
,federal government wanted to, they could say that the laws passed by states legalizing
marijuana are in violation of the supremacy clause and that the use of marijuana is still illegal in
those states.
SHORT ANSWER: Discuss how the full faith and credit clause deals with marijuana. Correct
Ans-For example. The state of Colorado has legalized the use of medical marijuana. If a person
who is legally allowed use marijuana medically in Colorado comes to Georgia, Georgia must
recognize the persons medical use of marijuana because medical use of marijuana is legal in
Colorado.
What is the commerce clause? Correct Ans-Clause 3 of Article I, Section 8, of the U.S.
Constitution, which authorizes Congress to "regulate Commerce with foreign Nations, and
among the several states, and with the Indian Tribes."
What gives the federal government the right to tax? Correct Ans-Article I, Section 8
What must the taxes imposed by Congress be? Correct Ans-The taxes imposed by Congress
must be uniform across all states. Congress cannot tax on state more than the other.
What is the privileges and immunities clause? Correct Ans-Clause in the U.S. Constitution
requiring a state to grant citizens of other states the same legal benefits that it grants its own
citizens.
What are the Bill of Rights? Correct Ans-The first ten amendments to the Constitution.
What is the 1st Amendment? Correct Ans-Freedom of Religion, Speech, Press, Assembly, and
Petition
What is the most protected form of speech? Correct Ans-Politcal speech
, What is political speech? Correct Ans-Speech that is used to support political candidates or
referenda.
What else does the 1st Amendment apply to? Correct Ans-It also applies to corporations
What is commercial speech? Correct Ans-Speech made by businesses about commercial
matters, such as the sale of goods and services.
What is the Central Hudson Test? Correct Ans-A test to determine if certain commercial
speech is protected or unprotected by the 1st Amendment.
What type of speech is NOT protected by the 1st Amendment? Correct Ans-The 1st
Amendment does not protect defamation or obscenity.
SHORT ANSWER: Describe how the 1st Amendment and business are related. Correct Ans-
What is substantive due process? Correct Ans-The requirement for laws depriving an
individual of life. liberty, or property to be fair and not arbitrary.
What is the taking clause in the 5th Amendment? Correct Ans-A clause requiring that when
the government uses its power to take private property for public use, it must pay the owner
just compensation, or fair market value, for the property.
The 5th Amendment also protects what? Correct Ans-It also protects self incrimination
What is the equal protection clause? Correct Ans-A clause in the 14th Amendment of the
U.S. Constitution that prevents states from denying "the equal protection of the the laws to any
citizen.
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