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LES 305 Questions & 100% Correct AnswersLatest Test | Graded A+ | Passed

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Your companies response in the media to allegations of illegal or unethical conduct raises which constitutional issue? A. Issues of due process B. Commerce clause issues and the authority of the United States to regulate business C. The authority of the legislative branch to regulate foreign ...

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  • September 6, 2024
  • 34
  • 2024/2025
  • Exam (elaborations)
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  • LES 305
  • LES 305
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2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!



LES 305 Questions & 100% Correct Answers-
Latest Test | Graded A+ | Passed
Your companies response in the media to allegations of illegal or unethical conduct raises

which constitutional issue?


A. Issues of due process


B. Commerce clause issues and the authority of the United States to regulate business


C. The authority of the legislative branch to regulate foreign labor practices


D. The First Amendment and freedom of speech


✓ -:- The First Amendment and freedom of speech




(This relates to commercial speech, which is partially protected under the First

Amendment.)




Why was the Violence Against Women Act (VAWA) declared to be unconstitutional?


A. VAWA was unconstitutional because Congress can regulate only economic activities, not

non-economic activities that have an effect on interstate commerce


B. VAWA was declared unconstitutional because defendants under the act were not given

their due process rights under the Fourteenth Amendment




1|Page | Grade A+| 2024/2025

,2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!

C. VAWA was declared unconstitutional under the Equal Protection Clause because men

were not also protected against violence under the statute


D. VAWA was declared unconstitutional because under the Supremacy Clause, states

control all issues related to crimes


✓ -:- VAWA was unconstitutional because Congress can regulate only economic

activities, not non-economic activities that have an effect on interstate commerce




(The VAWA case involved a commerce clause question because Congress was affording a

remedy on an issue that had always been non-economic and regulated by individual states.)




What is police power?


A. The police power is the authority of states to pass laws that promote public health and

welfare


B. The police power is covered under the Fourth Amendment and is the authority to search

private property


C. The police power is the authority to take private property under eminent domain


D. The police power does not exist under the U.S. Constitution because the U.S.

Constitution creates three branches of government, none of which are the police




2|Page | Grade A+| 2024/2025

,2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!

✓ -:- The police power is the authority of states to pass laws that promote public

health and welfare




(The police power is the power to pass laws on food safety, road safety, and public health

and many other areas designed to keep society safe and healthy.)




The sufficient nexus test is used?


A. To determine whether a business operating within a state can be taxed by that state and

how much of its property and income is subject to taxation


B. To determine whether a business can be required to appear in a state court and defend

itself against a law suit brought against it in that state


C. To determine when Congress can regulate business activity by deciding whether there is

a sufficient nexus to interstate commerce


D. To determine whether the Supremacy Clause applies to a particular law when there is a

state law in conflict


✓ -:- To determine whether a business operating within a state can be taxed by that

state and how much of its property and income is subject to taxation




(The sufficient nexus test is the test for taxation. States cannot overreach in their taxation

of businesses that really do not have enough of a presence in the state to justify taking even

a portion of their revenue as subject to tax.)

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, 2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!




The doctrine of preemption goes with which clause in the U.S. Constitution?


A. The Supremacy Clause


B. The Commerce Clause


C. The Due Process Clause


D. The Equal Protection Clause


✓ -:- The Supremacy Clause




(The Supremacy Clause provides that if Congress has so regulated an area so extensively,

then states cannot step in and also regulate -- they are preempted from regulation. The

Honda case is an example of state tort laws being preempted by federal auto safety

standards and regulations.)




You are the CEO of a telemarketing company. One of your employees posts political ads in

his cubicle. The company has a policy prohibiting this practice. The employee believes that

you are violating his First Amendment rights. He is


A. correct, since you are interfering with his exercise of political speech.


B. correct, since you are interfering with his exercise of commercial speech.


C. incorrect, since you are interfering with his exercise of dangerous speech.



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