BUS Law 3220 Exam 2 Questions and
answers
What is the Supremacy clause and where will you find it - ANSWER-The
supremacy clause makes clear that the constitution, federal laws, federal
regulations, and treaties take superiority over similar state laws, this was made
so the supreme court could establish a strong federal government Article VI (6),
paragraph 2
What is the relationship between the supremacy clause and preemption?
Understand each of these concepts - ANSWER-Preemption is a legal doctrine
that allows a higher level of government to limit or even eliminate the power of a
lower level of government to regulate a specific issue, just like the supremacy
clause says that higher government is superior to lower level governments
How does the commerce clause affect the power of both the state and federal
governments to regulate? Where is the commerce clause found? -
ANSWER-States are deprived of all power to regulate interstate commerce, while
federal power is granted the power to regulate commerce with foreign nations,
and among the several states, with the Indian tribes
What are police powers and how might they be used? Examples? -
ANSWER-The authority for states to make laws for public health and safety, even
if it affects the rights of an individual when those rights conflict with the promotion
of health and safety. EX. federal use: food and drug regulations, workplace safety
laws, environmental preservation laws
What is the establishment clause of the 1st Amendment? The Free exercise
clause? - ANSWER-The establishment clause in the first amendment is that it
prohibits the government from "establishing" a religion. The free exercise clause
allows citizens to practice their religion as they please, if the practice does not
run afoul from public orals
answers
What is the Supremacy clause and where will you find it - ANSWER-The
supremacy clause makes clear that the constitution, federal laws, federal
regulations, and treaties take superiority over similar state laws, this was made
so the supreme court could establish a strong federal government Article VI (6),
paragraph 2
What is the relationship between the supremacy clause and preemption?
Understand each of these concepts - ANSWER-Preemption is a legal doctrine
that allows a higher level of government to limit or even eliminate the power of a
lower level of government to regulate a specific issue, just like the supremacy
clause says that higher government is superior to lower level governments
How does the commerce clause affect the power of both the state and federal
governments to regulate? Where is the commerce clause found? -
ANSWER-States are deprived of all power to regulate interstate commerce, while
federal power is granted the power to regulate commerce with foreign nations,
and among the several states, with the Indian tribes
What are police powers and how might they be used? Examples? -
ANSWER-The authority for states to make laws for public health and safety, even
if it affects the rights of an individual when those rights conflict with the promotion
of health and safety. EX. federal use: food and drug regulations, workplace safety
laws, environmental preservation laws
What is the establishment clause of the 1st Amendment? The Free exercise
clause? - ANSWER-The establishment clause in the first amendment is that it
prohibits the government from "establishing" a religion. The free exercise clause
allows citizens to practice their religion as they please, if the practice does not
run afoul from public orals
