The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
each branch of government has some power to limit the actions of the other branches.
Dian, a U.S. citizen, is the owner of Eagle, Inc. The Bill of Rights embodies a series of protections for Dian against various types of interference by
the government only.
Brad stands in front of Rustler's Round-Up Café, shouting "fighting words" that are likely to incite Rustler's patrons to respond violently. The First Amendment protects such speech
none of the time.
A Rhode Island state statute imposes a prison term, without a trial, on all street vendors who operate in certain areas. A court would likely hold this statute to be
unconstitutional under the due process clause.
Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be
an unconstitutional restriction of speech.
Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Joe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that
the federal law preempts Joe's state law claim.
Alpha Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given
The Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. Under this clause, person includes
corporations and other "legal persons."
If there is a direct conflict between a federal law and an Alaska state law
the federal law takes precedence.