Ch 6 questions
1. A) a lesser emphasized separation of powers is that between the federal government and governments at state and local levels. The separation is known as federalism. B) State government may no limit the federal government’s exercise of powers. Congress may not impair the ability of state government to function in the federal system. 2. Yes, because the federal law has the final say. If the federal law comes back and states that they can sell insurance because they have less than 5,000 people in the town than they can regardless of the state law. 3. A) It does not apply to the federal government. It applies to the state government. B) The provision applies to existing contracts.
4. Congress shall make no law respecting an establishment of religion (the establishment clause) “or prohibiting the free exercise thereof” (the free exercise clause). These clauses guarantee freedom of religion through the separation of church and state. 5. The speech that is prohibited is that speech that is intended to harm or inflect injury on someone. Speech that is obscene or that is indecent is not protected. She feels that there is nothing wrong with showing that she is certified in both areas. Who is to tell her she cant? I feel she is right she did nothing wrong and should not have been reprimanded if she is indeed certified in both. 6. A) There is no reason that the court has to deny them the right to perform the play. They can file an ordinance if the performance is inappropriate if that is approved the play can be halted. b) If the person is a public official or figure a plantiff seeking damages for distress must prove actual malice. Actual malice includes knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not. If the plaintiff is not a public figure there is liability without malice. 7. The Supreme Court’s majority opinion simply affirms...
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