ASU - KORETZ - LES 305 - EXAM 2 || GRADED A+
ALREADY.
No branch of government can exercise the authority of another branch. Also, each branch has
some power to limit the actions of the other two branches; this scheme creates a system of
checks and balances. correct answers TRUE.
You play football for the Tempe Moons, last year's winners of the Super Bowl. The Tempe
Moons are a member of the National Football League (NFL), a private organization. One
requirement is that all NFL players, coaches, and other members of the team stand and act in a
dignified manner while the national anthem is played before the game begins. You decide not to
stand due to your religion. Other players are members of your religion and they stand. The NFL
suspends you from further play due to your failure to stand. You want your job back. correct
answers No constitutional rights have been violated since the NFL is a private organization.*
Under the Commerce Clause, the federal government has the right to regulate any area of
business correct answers that affects interstate commerce.*
The United States Supreme Court determined that the Violence Against Women's Act exceeded
Congressional authority to regulate commerce under the Commerce Clause in U.S. v. Morrison
because violence is not an economic activity. correct answers TRUE
Ollie's Barbeque is a family-owned restaurant in Birmingham, Alabama with a seating capacity
of 220 customers. It is located on a state highway which is 11 blocks from an interstate highway.
A sign in the restaurant provides that take-out service only is available for African Americans.
Congress passed the Civil Rights Act in 1964, which prohibited this type of discrimination.
Ollie's purchases about $150,000 annually from a local restaurant supplier and 46% that amount
is from out-of-state distributors. Will the Commerce Clause permit the application of the Civil
Rights Act to Ollie's? correct answers Yes. Ollie's purchases a significant quantity of goods that
originate out of state, so the discriminatory conduct impacts interstate commerce.
What authority would the state of Arizona claim for passing a mandatory seat belt law requiring
anyone traveling in Arizona to put on his or her seat belt? correct answers Police Power
In January 2015, the Super Bowl was held at the University of Phoenix Stadium in Glendale,
Arizona. The state of Arizona could tax patrons who reside in states other than Arizona who are
visiting Arizona hotels at a rate that is higher than the tax rate assessed against patrons who are
from Arizona. correct answers False.
The requirements to impose a valid state tax that is levied upon goods originating out of state
include correct answers a. The tax cannot discriminate against interstate commerce.
b. The tax cannot be an undue burden on interstate commerce.
c. There must be a "sufficient nexus" between the state and the business being taxed [Examples:
Does business there, holds property titles there, manufactures there, inventory stored there]
d. The tax must be apportioned fairly.
e. All of the above are correct.*
, Pen Corporation is a Delaware corporation with offices and warehouses in Arizona and
California. Pen owns no property in North Carolina and has no employees in North Carolina. Pen
sells office supplies via catalog. North Carolina imposed a retail use tax on Pen on sales to North
Carolina residents. Is this tax valid? correct answers Yes. Pen purposefully directed its activities
at North Carolina and could be required to pay taxes
LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North
Dakota. correct answers Any state in which LL Bean has warehouses can tax LL Bean on the
inventory in that particular state
One of the issues that courts review to determine whether a federal law preempts a state law is
whether the federal government expresses a desire to be the exclusive regulator in this arena.
correct answers TRUE.
The state of Wyoming has just passed a law requiring all cars entering the state to be equipped
with side air bags. The federal government has expressed its desire to preempt any state laws
relating to automobile safety equipment. Therefore, the Wyoming requirement: correct answers
is preempted by the federal requirement
The federal government passed several laws prohibiting the production, sale and consumption of
alcohol for non-medicinal purposes. The legislation specifically allowed and encouraged states to
pass laws prohibiting the consumption of alcoholic beverages. If a state did pass laws prohibiting
the sale of alcohol on Sundays, then correct answers The federal law and the state laws will both
be valid
The Arizona Employer Sanctions Law requires Arizona businesses to verify a prospective
worker's legal status using the E-Verify system before hiring the worker. The federal
Immigration Reform and Control Act requires employers to collect identification information
and submit a completed I-9 form to the government for new hires. What is the likely reason that
the federal and state law are both enforceable? This is because correct answers The federal
government did not express a desire to be the sole regulator of worker employment verification
so the state government may also regulate
In January 2010, the Arizona Senate approved a bill to strengthen immigration enforcement laws
by making it a crime to be in Arizona illegally or to transport or conceal an undocumented
immigrant. It also seeks to curb day-labor employment by making it a crime for an
undocumented immigrant to solicit work in a public place or for anyone to hire someone from a
vehicle. There are a number of federal laws that also prohibit hiring undocumented workers.
What arguments are legally valid in favor of the federal law preempting state law? correct
answers The issue is more easily regulated by one central government body
An Arizona law that requires beer that is produced in California to undergo numerous tests for
health and safety purposes will be upheld if beer produced in Arizona does not need to undergo
the same tests. correct answers FALSE.
ALREADY.
No branch of government can exercise the authority of another branch. Also, each branch has
some power to limit the actions of the other two branches; this scheme creates a system of
checks and balances. correct answers TRUE.
You play football for the Tempe Moons, last year's winners of the Super Bowl. The Tempe
Moons are a member of the National Football League (NFL), a private organization. One
requirement is that all NFL players, coaches, and other members of the team stand and act in a
dignified manner while the national anthem is played before the game begins. You decide not to
stand due to your religion. Other players are members of your religion and they stand. The NFL
suspends you from further play due to your failure to stand. You want your job back. correct
answers No constitutional rights have been violated since the NFL is a private organization.*
Under the Commerce Clause, the federal government has the right to regulate any area of
business correct answers that affects interstate commerce.*
The United States Supreme Court determined that the Violence Against Women's Act exceeded
Congressional authority to regulate commerce under the Commerce Clause in U.S. v. Morrison
because violence is not an economic activity. correct answers TRUE
Ollie's Barbeque is a family-owned restaurant in Birmingham, Alabama with a seating capacity
of 220 customers. It is located on a state highway which is 11 blocks from an interstate highway.
A sign in the restaurant provides that take-out service only is available for African Americans.
Congress passed the Civil Rights Act in 1964, which prohibited this type of discrimination.
Ollie's purchases about $150,000 annually from a local restaurant supplier and 46% that amount
is from out-of-state distributors. Will the Commerce Clause permit the application of the Civil
Rights Act to Ollie's? correct answers Yes. Ollie's purchases a significant quantity of goods that
originate out of state, so the discriminatory conduct impacts interstate commerce.
What authority would the state of Arizona claim for passing a mandatory seat belt law requiring
anyone traveling in Arizona to put on his or her seat belt? correct answers Police Power
In January 2015, the Super Bowl was held at the University of Phoenix Stadium in Glendale,
Arizona. The state of Arizona could tax patrons who reside in states other than Arizona who are
visiting Arizona hotels at a rate that is higher than the tax rate assessed against patrons who are
from Arizona. correct answers False.
The requirements to impose a valid state tax that is levied upon goods originating out of state
include correct answers a. The tax cannot discriminate against interstate commerce.
b. The tax cannot be an undue burden on interstate commerce.
c. There must be a "sufficient nexus" between the state and the business being taxed [Examples:
Does business there, holds property titles there, manufactures there, inventory stored there]
d. The tax must be apportioned fairly.
e. All of the above are correct.*
, Pen Corporation is a Delaware corporation with offices and warehouses in Arizona and
California. Pen owns no property in North Carolina and has no employees in North Carolina. Pen
sells office supplies via catalog. North Carolina imposed a retail use tax on Pen on sales to North
Carolina residents. Is this tax valid? correct answers Yes. Pen purposefully directed its activities
at North Carolina and could be required to pay taxes
LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North
Dakota. correct answers Any state in which LL Bean has warehouses can tax LL Bean on the
inventory in that particular state
One of the issues that courts review to determine whether a federal law preempts a state law is
whether the federal government expresses a desire to be the exclusive regulator in this arena.
correct answers TRUE.
The state of Wyoming has just passed a law requiring all cars entering the state to be equipped
with side air bags. The federal government has expressed its desire to preempt any state laws
relating to automobile safety equipment. Therefore, the Wyoming requirement: correct answers
is preempted by the federal requirement
The federal government passed several laws prohibiting the production, sale and consumption of
alcohol for non-medicinal purposes. The legislation specifically allowed and encouraged states to
pass laws prohibiting the consumption of alcoholic beverages. If a state did pass laws prohibiting
the sale of alcohol on Sundays, then correct answers The federal law and the state laws will both
be valid
The Arizona Employer Sanctions Law requires Arizona businesses to verify a prospective
worker's legal status using the E-Verify system before hiring the worker. The federal
Immigration Reform and Control Act requires employers to collect identification information
and submit a completed I-9 form to the government for new hires. What is the likely reason that
the federal and state law are both enforceable? This is because correct answers The federal
government did not express a desire to be the sole regulator of worker employment verification
so the state government may also regulate
In January 2010, the Arizona Senate approved a bill to strengthen immigration enforcement laws
by making it a crime to be in Arizona illegally or to transport or conceal an undocumented
immigrant. It also seeks to curb day-labor employment by making it a crime for an
undocumented immigrant to solicit work in a public place or for anyone to hire someone from a
vehicle. There are a number of federal laws that also prohibit hiring undocumented workers.
What arguments are legally valid in favor of the federal law preempting state law? correct
answers The issue is more easily regulated by one central government body
An Arizona law that requires beer that is produced in California to undergo numerous tests for
health and safety purposes will be upheld if beer produced in Arizona does not need to undergo
the same tests. correct answers FALSE.
