Which of the following constitutional clauses makes the federal law enforceable
ID: 445098 • Letter: W
Question
Which of the following constitutional clauses makes the federal law enforceable and the state law unenforceable if the two are in irreconcilable conflict?
a. Contract clause.
b. Commerce clause.
c. Due Process clause.
d. Privileges and Immunities clause.
Darling Don operates a small sawmill in the community of Humble. Don has never cut wood for or sold wood to anyone who lived outside of Humble. Don had a policy of paying his employees below the federal minimum wage level. The federal Department of Labor investigated Don's business and ordered him to comply with the minimum wage law. Don refused arguing his business could not be regulated by the federal government. Pursuant to the current analysis of the commerce clause, which of the following statements is most correct?
a. The federal government cannot regulate Don's business since its impact on interstate commerce is insubstantial.
b. The federal government can regulate Don's business even though it impact on interstate commerce is insubstantial since the cumulative effect of all similar business likely would be substantial.
c. The federal government cannot regulate Don's business since it is not engaged in interstate commerce.
d. The federal government can regulate Don's business since the government can regulate any business regardless of that business' impact on interstate commerce.
Under which of the following factual situations should a court use the rational basis standard in determining whether the equal protection clause has been violated?
a. A local ordinance is passed that requires all white people to sit in the balcony of a theater.
b. A state law prohibits illegitimate children from receiving medical assistance provided by state funds.
c. A city bans trucks from carrying advertisements for companies other than the company that owns the truck.
d. A state has a two-year residency requirement before a citizen can register to vote.
Commencing in 1925, the U.S. Supreme Court started to "incorporate" or "carry over" various parts of the Bill of Rights to make its provisions applicable to the states. What part of the Constitution was used to accomplish this process?
a. The due process clause of the Fifth Amendment.
b.The privileges and immunities clause of the Fourteenth Amendment.
c.The equal protection clause of the Fourteenth Amendment.
d. The due process clause of the Fourteenth Amendment.
Under which of the following circumstances do courts insist on a party exhausting all available administrative remedies?
a. When very fundamental constitutional guarantees such as freedom of speech or press are involved.
b. When the agency clearly is acting beyond its jurisdiction.
c.When the agency's action likely will result in irreparable harm.
d.When cases require the agency's expertise or specialization.
6)The Leave-It-on-the-Doorstep Dairy Company is incorporated and has its principal place of business in Florida. It has decided to expand its business into the South Georgia area. This company is informed by the Georgia Department of Industry and Trade that it must pay an annual "doing business" fee of $15,000. The dairy companies that are considered Georgia organizations are not required to pay any "doing business" fee. Which statement describes the best argument for the Leave-It-on-the Doorstep Dairy Company to make challenging this annual fee?
a. The federal government should preempt this body of regulation since the home delivery of fresh dairy products is in the nation's best interest.
b. The State of Georgia cannot impose an annual "doing business" fee on products that are inspected by the United States Department of Agriculture.
c. The annual fee is a burden, albeit a reasonable one, on those dairies engaged in interstate commerce.
d. The annual fee discriminates against dairies engaged in interstate commerce in favor of those engaged only in intrastate commerce.
7)The First Amendment includes each of the following except for which one?
a. Freedom of the press.
b. The right to petition the government for redress of grievances.
c. The right to trial by a jury of one's peers.
d. Freedom of religion.
8)Which of the following is not contained in the Fourteenth Amendment?
a. The equal protection clause.
b. The due process clause.
c. The full faith and credit clause.
d. The privileges and immunities clause.
9)Select the most correct statement.
a. The legislative and executive branches of government are content to identify problems of society and let administrative agencies enact laws to correct these problems.
b. Responsibility for carrying out the policies and enforcing the laws often is delegated to the administrative process.
c. The goals of society are determined by the administrative agencies.
d. The achievement of these societal goals usually is to be accomplished by the traditional branches of government.
10)Based on the authority they are delegated, administrative agencies usually do not have authority to which of the following actions?
a. Enact legislation.
b. Adjudicate matters.
c. Investigate matters.
d. Prosecute wrongdoers.
11)Which one of the administrative agencies listed below has authority to adjudicate union-management disputes?
a. Federal Mediation and Conciliation Service.
b. American Arbitration Association.
c. National Mediation Commission.
d. National Labor Relations Board.
12)Delegation of authority must contain "standards" by which a court can determine whether the agency has exceeded its authority. These "standards" are best described by which one of the following statements?
a. These standards allow broad language to be sufficient in many cases.
b. These standards prohibit broad language from being sufficient in most cases.
c. These standards mean the language "unfair methods of competition" is not definite enough to satisfy due process requirements.
d. These standards mean the language "public interest, convenience, and welfare" is too general to justify a valid delegation of authority.
13)The Sandy Springs Neighborhood Association had strong objections to a commercial office building development proposed to be constructed in their area. This association voiced their objections at a Planning Commission meeting, but the planned development was unanimously approved. Prior to this proposal being considered by the full City Council, the association filed a lawsuit to enjoin the development project. Which statement below best describes why a court should rule against the association?
a. The association lacks standing to sue.
b. The court agrees an office building is needed in the area.
c. The association has failed to exhaust its administrative remedies.
d. The association failed to file its lawsuit prior to the Planning Commission's action.
14)Which one of the following best completes this sentence? When reviewing an administrative agency's action, courts should _________
a. determine if there is substantial evidence to support the action taken.
b. reconsider the evidence as a basis of the agency's determination.
c. make independent determinations of fact.
d. substitute its own view of the evidence for that of the agency.
15)Under the separation of powers doctrine, each branch of government has a separate function to perform and the power to limit the other branches in the performance of their functions. Which of the following is not permitted within this constitutional framework?
a. Courts limiting the actions of the legislative branch through the power of judicial review.
b. The legislative branch acting to limit the actions of the executive.
c. The executive limiting the powers of the legislative branch.
d. The legislative branch determining the jurisdiction of federal courts.
Explanation / Answer
Which of the following constitutional clauses makes the federal law enforceable and the state law unenforceable, if the two are in irreconcilable conflict?
Answer A: Contract Clause
Darling Don operates a small sawmill in the community of Humble. Don has never cut wood for or sold wood to anyone who lived outside of Humble. Don had a policy of paying his employees below the federal minimum wage level. The federal Department of Labor investigated Don's business and ordered him to comply with the minimum wage law. Don refused arguing his business could not be regulated by the federal government. Pursuant to the current analysis of the commerce clause, which of the following statements is most correct?
Answer A: The federal government cannot regulate Don's business since its impact on interstate commerce is insubstantial.
Under which of the following factual situations should a court use the rational basis standard in determining whether the equal protection clause has been violated?
Answer A: A local ordinance is passed that requires all white people to sit in the balcony of a theater.
Commencing in 1925, the U.S. Supreme Court started to "incorporate" or "carry over" various parts of the Bill of Rights to make its provisions applicable to the states. What part of the Constitution was used to accomplish this process?
Answer B: The privileges and immunities clause of the Fourteenth Amendment
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