BLAW 371 - UNL EXAM 2 STEVEN RUSSELL 2026
Bill of Rights - Answers -The first ten amendments to the Constitution
Powers given under Article 1 Section 8 - Answers -lay and collect taxes, imposts and
excises, pay debts and provide common defence/general welfare of the US
Gibbons v. Ogden - Answers -Regulating interstate commerce is a power reserved for
the federal government. New York tried to monopolize the waterborne trade between
them and New Jersey. Congress said no.
Wickard v. Filburn - Answers -Farmer grew to much wheat because he was being
funded by congress. Congress said they could regulate that because even though it
was for his personal consumption, it would effect interstate commerce. Expansion of
power of the Commerce Clause
McCulloch v. Maryland - Answers -Maryland did not want a national bank. So they tried
to tax it. Supreme court said f*ck you, we are supreme and states can't interfere.
Commerce Clause - Answers -The clause in the Constitution (Article I, Section 8,
Clause 1) that gives Congress the power to regulate all business activities that cross
state lines or affect more than one state or other nations.
Necessary and Proper Clause - Answers -Clause of the Constitution (Article I, Section
8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in
addition to its express powers, has the right to make all laws necessary and proper to
carry out all powers the Constitution vests in the national government
Checks and Balances - Answers -A system that allows each branch of government to
limit the powers of the other branches in order to prevent abuse of power
First Ammendment of the Constitution - Answers -freedom of speech
commercial speech - Answers -Communication in the form of advertising. It can be
restricted more than many other types of speech but has been receiving increased
protection from the Supreme Court.
Citizens United v. FEC - Answers -corporate funding of independent political
broadcasts can't be limited
Protected Speech - Answers -speech that government may not prohibit or punish under
the First Amendment guarantee of "freedom of speech"
, Unprotected Speech - Answers -libel, obscenity, and fighting words, which are not
entitled to constitutional protection in all circumstances
Fourth Amendment - Answers -Protects against unreasonable search and seizure
privacy rights - Answers -Liberties protected by several amendments in the Bill of
Rights that shield certain personal aspects of citizens' lives from governmental
interference, such as the Fourth Amendment's protection against unreasonable
searches and seizures.
expectation of privacy - Answers -the expectation that one will not be observed by the
state
Fifth Amendment - Answers -protect the rights of persons accused of crimes, including
protection against double jeopardy, self-incrimination, and punishment without due
process of law.
eminent domain - Answers -Power of a government to take private property for public
use.
Supremacy Clause - Answers -Constitution is the supreme law of the land
Equal Protection - Answers -the principle that laws passed and enforced by the states
must apply fairly to all individuals
substance due process - Answers -the government must create fair policies and laws
Procedural Due Process - Answers -must make sure law applies equally to all people
14th Amendment - Answers -Declares that all persons born in the U.S. are citizens and
are guaranteed equal protection of the laws
Formal Agency Procedure - Answers -1) A complaint is filed by an agency against a
suspected violator
2) Business responds to the complaint
3) agency investigates to determine if hearing is warranted (complaint could then be
dismissed by the agency)
4) A hearing is set-administrative law judge appointed to preside
5) A hearing on the issues is conducted
6) administrative law judge renders an opinion (dissatisfied party may appeal)
informal agency procedures - Answers -i.e. tests, inspections, permits, negotiations,
advice, settlements
Branches of Government - Answers -Legislative, Executive, Judicial
Bill of Rights - Answers -The first ten amendments to the Constitution
Powers given under Article 1 Section 8 - Answers -lay and collect taxes, imposts and
excises, pay debts and provide common defence/general welfare of the US
Gibbons v. Ogden - Answers -Regulating interstate commerce is a power reserved for
the federal government. New York tried to monopolize the waterborne trade between
them and New Jersey. Congress said no.
Wickard v. Filburn - Answers -Farmer grew to much wheat because he was being
funded by congress. Congress said they could regulate that because even though it
was for his personal consumption, it would effect interstate commerce. Expansion of
power of the Commerce Clause
McCulloch v. Maryland - Answers -Maryland did not want a national bank. So they tried
to tax it. Supreme court said f*ck you, we are supreme and states can't interfere.
Commerce Clause - Answers -The clause in the Constitution (Article I, Section 8,
Clause 1) that gives Congress the power to regulate all business activities that cross
state lines or affect more than one state or other nations.
Necessary and Proper Clause - Answers -Clause of the Constitution (Article I, Section
8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in
addition to its express powers, has the right to make all laws necessary and proper to
carry out all powers the Constitution vests in the national government
Checks and Balances - Answers -A system that allows each branch of government to
limit the powers of the other branches in order to prevent abuse of power
First Ammendment of the Constitution - Answers -freedom of speech
commercial speech - Answers -Communication in the form of advertising. It can be
restricted more than many other types of speech but has been receiving increased
protection from the Supreme Court.
Citizens United v. FEC - Answers -corporate funding of independent political
broadcasts can't be limited
Protected Speech - Answers -speech that government may not prohibit or punish under
the First Amendment guarantee of "freedom of speech"
, Unprotected Speech - Answers -libel, obscenity, and fighting words, which are not
entitled to constitutional protection in all circumstances
Fourth Amendment - Answers -Protects against unreasonable search and seizure
privacy rights - Answers -Liberties protected by several amendments in the Bill of
Rights that shield certain personal aspects of citizens' lives from governmental
interference, such as the Fourth Amendment's protection against unreasonable
searches and seizures.
expectation of privacy - Answers -the expectation that one will not be observed by the
state
Fifth Amendment - Answers -protect the rights of persons accused of crimes, including
protection against double jeopardy, self-incrimination, and punishment without due
process of law.
eminent domain - Answers -Power of a government to take private property for public
use.
Supremacy Clause - Answers -Constitution is the supreme law of the land
Equal Protection - Answers -the principle that laws passed and enforced by the states
must apply fairly to all individuals
substance due process - Answers -the government must create fair policies and laws
Procedural Due Process - Answers -must make sure law applies equally to all people
14th Amendment - Answers -Declares that all persons born in the U.S. are citizens and
are guaranteed equal protection of the laws
Formal Agency Procedure - Answers -1) A complaint is filed by an agency against a
suspected violator
2) Business responds to the complaint
3) agency investigates to determine if hearing is warranted (complaint could then be
dismissed by the agency)
4) A hearing is set-administrative law judge appointed to preside
5) A hearing on the issues is conducted
6) administrative law judge renders an opinion (dissatisfied party may appeal)
informal agency procedures - Answers -i.e. tests, inspections, permits, negotiations,
advice, settlements
Branches of Government - Answers -Legislative, Executive, Judicial
