The dormant commerce clause limits the authority

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1. If a person has been discriminated by the government on the basis of the fact that he or she is an illegitimate child, the regulation will be evaluated under _____.

strict scrutiny

rational analysis

intermediate scrutiny

the Takings Clause

2. The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:

limiting the states from furthering only state interests.

limiting a state's ability to tax vendors.

prohibiting state legislation that unduly burdens intrastate commerce.

prohibiting state laws that openly discriminate against interstate commerce.

3. Under rational basis analysis, _____.

a government action will be upheld as long as it has a reasonable relationship to the achievement of a legitimate purpose, even if those provisions are foolish

discrimination on the basis of a suspect category will receive highest scrutiny and misdirected provisions are generally invalid if they are subject only to rational basis review

courts will deem a government action unconstitutional when the action impinges on a fundamental right

discrimination on the basis of economic interest will receive highest scrutiny

4. After a series of some advertisements of beer and other alcoholic drinks, the U.S. government decided to regulate commercial speech. If the courts analyze this regulation, they will:

use strict scrutiny analysis.

search for truth in the speech.

seek compelling government interest.

see that the government advances its interests in an extensive manner.

5. Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. In this scenario, the court will uphold the governmental restrictions on his speech only:

under the Fifth Amendment.

if the regulation is the least intrusive means to promote a compelling governmental interest.

if it is commercial speech, which will then receive protection under the Fifth Amendment.

under the Fourteenth Amendment.

Reference no: EM132279108

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