BUL 4421 QUESTIONS AND ANSWERS LATEST
UPDATE (ALREADY GRADED A+).
U.S. Constitution
Establishes a system of government based on the principle of federalism.
Federalism
The authority to govern is divided between federal and state governments.
The Constitution also Establishes a System of Checks and Balances
Each branch's power keep the other branches from dominating the government.
Ex. Congress, the legislative or lawmaking branch, has the power to enact legislation, but the president
(executive branch) can veto a law that Congress passes.
The legislator can overturn a presidential veto with a two-thirds vote of the members of Congress.
Also, if Congress (legislation) passes a bill and the president signs it, the judiciary can strike it down a
unconstitutional.
Judicial Review
Established by early common law, allows the courts to review legislative and executive actions to
determine whether they are constitutional.
Also, allows courts to review the constitutionality of lower court's decisions.
The Supremacy Clause
Located in Article VI of the Constitution, provides that the Constitution, laws, and treaties of the United
States constitute the supreme law of the land, "any Thing in the Constitution of Laws of any State to the
Contrary notwithstanding."
Any state or local law that directly conflicts with the Constitution, federal laws, or treaties is void.
Concurrent Authority
State and federal governments have CC; that is, both government have the power to regulate the same
subject matter.
In such cases, the states may regulate in the area as long as a person's compliance with the state
regulation would not cause him or her to be in violation of a federal regulation.
, Ex. Congress has established a number of environmental standards, but some states have passed even
more protective standards.
Federal Preemption - Sometimes Referred to as "Field Preemption"
In areas where the state and federal governments have concurrent authority, the federal government
can decide to regulate that area exclusively.
In such a situation, according to the doctrine of FP, the state law is unconstitutional.
The Commerce Clause
The primary source of authority for federal regulation of business.
Located in Article 1, section 8 of the constitution.
This clause states that the U.S. Congress has the power to "regulate Commerce with foreign Nations,
and among the several States and with the Indian Tribes."
The Commerce clause as a source of authority for the federal government
Most federal regulations are exercises of congressional authority under the commerce clause.
Police Power
Consists of the residual powers retained by each state to safeguard the health and welfare of its
citizenry.
Typical exercises of a state's PP include: state criminal laws, building codes, zoning laws, sanitation
standards for restaurants, and regulations for the practice of medicine.
Dormant Commerce Clause
This restriction on states' authority to pass laws that substantially affect interstate commerce.
Privileges and Immunities Clause
Prohibits states from discriminating against citizens of other states when those nonresidents engage in
ordinary and essential activities.
These activities include buying and selling property, seeking employment, and using the court system.
Full Faith and Credit Clause
Article IV, Section 1, of the Constitution contains that this clause states, "Full Faith and Credit shall be
given in each State to the public Acts, Records, and judicial Proceedings of every other State."
This provision requires that courts in all states uphold contracts and public acts established in other
states.
This clause, protects wills, marriage and divorce decrees, and judgments in civil courts.
UPDATE (ALREADY GRADED A+).
U.S. Constitution
Establishes a system of government based on the principle of federalism.
Federalism
The authority to govern is divided between federal and state governments.
The Constitution also Establishes a System of Checks and Balances
Each branch's power keep the other branches from dominating the government.
Ex. Congress, the legislative or lawmaking branch, has the power to enact legislation, but the president
(executive branch) can veto a law that Congress passes.
The legislator can overturn a presidential veto with a two-thirds vote of the members of Congress.
Also, if Congress (legislation) passes a bill and the president signs it, the judiciary can strike it down a
unconstitutional.
Judicial Review
Established by early common law, allows the courts to review legislative and executive actions to
determine whether they are constitutional.
Also, allows courts to review the constitutionality of lower court's decisions.
The Supremacy Clause
Located in Article VI of the Constitution, provides that the Constitution, laws, and treaties of the United
States constitute the supreme law of the land, "any Thing in the Constitution of Laws of any State to the
Contrary notwithstanding."
Any state or local law that directly conflicts with the Constitution, federal laws, or treaties is void.
Concurrent Authority
State and federal governments have CC; that is, both government have the power to regulate the same
subject matter.
In such cases, the states may regulate in the area as long as a person's compliance with the state
regulation would not cause him or her to be in violation of a federal regulation.
, Ex. Congress has established a number of environmental standards, but some states have passed even
more protective standards.
Federal Preemption - Sometimes Referred to as "Field Preemption"
In areas where the state and federal governments have concurrent authority, the federal government
can decide to regulate that area exclusively.
In such a situation, according to the doctrine of FP, the state law is unconstitutional.
The Commerce Clause
The primary source of authority for federal regulation of business.
Located in Article 1, section 8 of the constitution.
This clause states that the U.S. Congress has the power to "regulate Commerce with foreign Nations,
and among the several States and with the Indian Tribes."
The Commerce clause as a source of authority for the federal government
Most federal regulations are exercises of congressional authority under the commerce clause.
Police Power
Consists of the residual powers retained by each state to safeguard the health and welfare of its
citizenry.
Typical exercises of a state's PP include: state criminal laws, building codes, zoning laws, sanitation
standards for restaurants, and regulations for the practice of medicine.
Dormant Commerce Clause
This restriction on states' authority to pass laws that substantially affect interstate commerce.
Privileges and Immunities Clause
Prohibits states from discriminating against citizens of other states when those nonresidents engage in
ordinary and essential activities.
These activities include buying and selling property, seeking employment, and using the court system.
Full Faith and Credit Clause
Article IV, Section 1, of the Constitution contains that this clause states, "Full Faith and Credit shall be
given in each State to the public Acts, Records, and judicial Proceedings of every other State."
This provision requires that courts in all states uphold contracts and public acts established in other
states.
This clause, protects wills, marriage and divorce decrees, and judgments in civil courts.
