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LEB 320F Unit 3 Exam Questions and Answers 2024
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LEB 320F Unit 3 Exam Questions and Answers
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LEB 320F Unit 3 Exam Questions and AnswersWhat are the three general categories of provisions contained by the constitution? - Answer -1. Organizing the government into three branches
2. Delineating the authority of the federal and state governments
3. Protecting the rights of individuals and businesses through power limitations on the government
Who makes laws? What is an exception to this? Give an example - Answer -The legislative branch. however, congress can expressly delegate legislative powers to the other two branches.
Ex. Congress gave the SEC the power to make rules specifying rules to prohibit fraudulent and deceptive practices in connection with the sale of securities
What are delegated powers? - Answer -powers that are specifically given to it in the Constitution
What are reserved powers? - Answer -powers not granted to the federal government; continue to reside with the states
Why do delegated powers exist? - Answer -where it would be unfeasible for them to exist in another capacity (post office)
What is state police power? Why is it important? - Answer -inherent governmental power to regulate the health, safety, morality, and general welfare of its people. Virtually
all the powers of a particular state derive from this.
What are health, safety, and morality as pertains to the state police power? - Answer -
statutes relating to the operation of motor vehicles, the manufacture and sale of alcoholic beverages, and the regulation of crime
What is general welfare as pertains to the state police power? - Answer -marriage and divorce, the inheritance of property, and landlord-tenant relationships
What is the commerce clause? How has it changed since the 1930s? - Answer -
Congress has the power "to regulate Commerce with foreign Nations, and among the States." In the 1930s, the Court added a third and extremely broad category, holding that Congress could regulate commerce occurring so long as the commercial activity had "any appreciable effect" on interstate or foreign commerce
What limits the power of the states to regulate commerce? - Answer -Preemption, discrimination against interstate commerce, and unduly burdening interstate commerce
When does a federal regulation preempt a state commerce regulation? - Answer -If a particular governmental power is exclusively federal; may be express or implied, or it may result from a direct conflict between state and federal law
What is the supremacy clause? - Answer -If the constitution gives a power to the federal
governement, the federal government also has the authority to prohibit the states from excersing a similar problem.
What is express preemption? - Answer -1. Supremacy Clause found in the Constitution makes federal law the "supreme law of the land."
2. Congress can engage in express preemption by specifying in the legislation that the states have no power to adopt similar laws.
Does Congress exercise the law of preemption? - Answer -Generally no; when passing a law, Congress often provides expressly that states retain the power to adopt similar or
related laws so long as those laws do not conflict with or hinder the objectives of the federal law
What two conditions must be met to prove implied preemption? - Answer -Two conditions must be met to prove implied preemption: First it must be shown that the federal regulation is relatively comprehensive; In other words, the court must be convinced that Congress attempted to impose a fairly complete regulatory structure on this type of activity. Second, it must be shown that there is a very strong need for a uniform national regulatory policy in this area, so that individual state laws of this type are likely to interfere with the objectives of the federal regulatory effort
What is direct conflict? - Answer -A narrower form of implied preemption; if it is impossible to comply with both the state and federal laws or if the state law substantially
interferes with the purpose of the federal law
What constitutes discrimination against interstate commerce? - Answer -Involves a question of intent. States may not shelter their own industries from competition emanating from other states or nations, though congress can. They may act to preserve
their own natural resources, but cannot do so by discriminating against out-of-state buyers. They also cannot require that business operations that could be conducted more efficiently elsewhere take place within the state
When is a state unduly burdening interstate commerce? - Answer -No intent necessary, only impact.
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