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LES 305 EXAM 2 CHAPTER 5 QUESTIONS AND ANSWERS
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LES 305 EXAM 2 CHAPTER 5 QUESTIONS AND ANSWERS
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LES 305 EXAM 2 CHAPTER 5QUESTIONS AND ANSWERS
Preemption - Answer-Provides that federal law will override conflicting state law as long
as preemption was intended by the federal government or where the federal regulation
is so pervasive that it prevents state regulation.
Substantive Due Process - Answer-Constitutional protection of the liberties of
individuals.
Legislative Branch - Answer-At the federal level, consists of the Congress (the Senate
and the House of Representatives) and is the branch responsible for making laws.
Corporate Political Speech - Answer-Term given to speech of business related to
political candidates or issues; given First Amendment protection.
Commerce Clause - Answer-Provision in the U.S. Constitution that allows the federal
government to regulate commercial activities with an impact on interstate commerce
and foreign commerce.
Nexus - Answer-Connection; a term used in constitutional analysis of the authority to
tax; there must be a sufficient connection between the business and the taxing state.
Disparate Treatment - Answer-In discrimination law, the application of different rules or
standards to people of different races, genders, or national origins.
Eminent Domain - Answer-The taking of private property by a government entity for a
public purpose, with compensation paid to the owner.
Separation of Powers - Answer-Authority for various governmental functions is divided
among the three branches of government. No branch may take the power granted to
another branch.
Supremacy Clause - Answer-The U. S. Constitution is the supreme law of the land and
any law the conflicts with the Constitution will be void.
U. S. Constitution - Answer-Creates the federal government's structure and protects
private citizens' rights from government interference.
Bill of Rights - Answer-The first ten amendments U.S. Constitution.
Procedural Due Process - Answer-Constitutional protection that requires the
government to give notice and the opportunity to be heard before it takes action against
a person or business.
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