Deck 7: Contemporary Federalism: The State and Federal Relationship

Question 1

Which of the following is NOT an example of a form of preemption?

A) Congress expressly states that it intends to preempt state regulation.
B) A state law is inconsistent with federal laws, even though no express preemption statement has been made by Congress.
C) A state law regulates a subject that belongs exclusively to the federal government.
D) Congress has enacted a legislative scheme that comprehensively regulates a field.

Answer 1

A state law regulates a subject that belongs exclusively to the federal government.

Question 2

What role does Congress play, if any, in the development of interstate compacts?

A) Congress does not play a role.
B) Congress alone may initiate compacts.
C) Congress must approve compacts.
D) Both B and C are correct.

Answer 2

Congress must approve compacts.

Question 3

Plaintiff obtains a judgment in an Oklahoman court. All of the defendant's property is located in Nebraska. What constitutional provision provides Plaintiff with a remedy in Nebraska?

A) Full Faith and Credit Clause
B) Interstate Commerce Clause
C) Interstate Rendition Clause
D) Equal Protection Clause

Answer 3

Full Faith and Credit Clause

Question 4

Which of the following is the best description of the selective incorporation doctrine?

A) All of the rights found in the Bill of Rights are incorporated and apply against the states.
B) Those rights found in the Bill of Rights that are fundamental and necessary to an ordered liberty are incorporated and apply against the states.
C) Those rights that are fundamental and necessary to an ordered liberty, but not found in the Bill of Rights are incorporated and apply against the states.
D) All of the above.

Question 5

The "New Federalism" refers to:

A) the increase in federal power.
B) the increase in the significance of state constitutional law.
C) the increase in the importance of state statutory law.
D) the decrease in federal power.

Question 6

Which of the following models of state-federal constitutionalism is most often applied?

A) Primary
B) Dual Sovereignty
C) Interstitial
D) Interspatial

Question 7

If a state court decides a case on independent and adequate state ground, the Supreme Court:

A) will not review the federal issues.
B) will review the federal issues if parallel to the state issues.
C) will review all federal issues.
D) will review the state issues.

Question 8

Interpretation of state laws are finally decided by:

A) State high courts.
B) U.S. Supreme Court.
C) State legislatures.
D) Congress.

Question 9

Each of the following cases addresses a contemporary issue of federalism EXCEPT:

A) Riegel v . Medtronic, Inc.
B) Altria Group v. Good.
C) Wyeth v. Levine.
D) Lawrence v. Texas.

Question 10

What doctrine maintains provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal?

A) Cooley doctrine
B) Smith doctrine
C) Non-delegation doctrine
D) Affectation doctrine

Question 11

Under the Due Process Clause, in order for a state to tax out-of-state individuals, there be a(n) ________ between a state and the person taxed.

A) contract
B) minimum contact
C) long-term relationship
D) agreement to tax

Question 12

Which case held that the federal government's Fair Labor Standards Act provisions were binding on the states?

A) U.S. v. Lopez
B) U.S. v. Morrison
C) Garcia v. San Antonio Metro Transit Authority
D) New York v. United States

Question 13

Which constitutional amendment was ratified to counter the Supreme Court's decision in Chisholm v. Georgia (1793), which held that states may be held liable in federal courts?

A) Tenth Amendment
B) Eleventh Amendment
C) Twelfth Amendment
D) Fourteenth Amendment

Question 14

Which constitutional provision provides that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home?

A) Full Faith and Credit Clause
B) Interstate Commerce Clause
C) Interstate Rendition Clause
D) Equal Protection Clause

Question 15

The U.S. Supreme Court extended state immunity from liability under the federal ADEA in:

A) Kimel v. Florida Board of Regents.
B) Board of Trustees of University of Alabama v. Garrett.
C) Nevada Department of Human Resources v. Hibb.
D) Chisholm v. Georgia.

Question 16

The U.S. Supreme Court extended state immunity from liability under the federal Americans with Disabilities Act in:

A) Kimel v. Florida Board of Regents.
B) Board of Trustees of University of Alabama v. Garrett.
C) Nevada Department of Human Resources v. Hibb.
D) Chisholm v. Georgia.

Question 17

The U.S. Supreme Court invalidated a lower court's application of California law, which resulted in the invalidation of a provision of an arbitration agreement, because it conflicted with the federal objective of encouraging speedy and efficient arbitration in:

A) Preston v. Ferrer.
B) Riegel v. Medtronic, Inc.
C) Crosby v. National Trade Council.
D) AT&T v. Concepcion.

Question 18

The U.S. Supreme Court upheld a federal law governing medical devices that preempted state tort law actions for injuries resulting from the medical devices in:

A) Preston v. Ferrer.
B) Riegel v. Medtronic, Inc.
C) Crosby v. National Trade Council.
D) AT&T v. Concepcion.

Question 19

The U.S. Supreme Court held that all extensive regulation of foreign affairs by a state is prohibited, either by implicit preemption or simply because the states lack the authority to delve too deeply into international matters in:

A) Preston v. Ferrer.
B) Riegel v. Medtronic, Inc.
C) Crosby v. National Trade Council.
D) AT&T v. Concepcion.

Question 20

The U.S. Supreme Court held that the federal government's extensive regulation of tobacco, including an express preemption of state labeling and warning requirements about smoking and health, did not preempt a state law tort claim for fraudulent advertising by a tobacco company in:

A) Wyeth v. Levine.
B) Riegel v. Medtronic, Inc.
C) Altria Group v. Good.
D) Preston v. Ferrer.

Question 21

Under the dormant Commerce Clause, a state law that discriminated against out-of-state participants is presumed invalid.

Question 22

A state law requiring all motor vehicles using the state roads to have special seat belts which are safer than required by federal law is invalid.

Question 23

The dormant Commerce Clause does not limit a state when it is acting as a market participant, rather than as a regulator.

Question 24

For purposes of the Privileges and Immunities Clause of Article IV, a fundamental right is defined as any right found in the Bill of Rights that is intended to protect the individual from excessive behavior of his state.

Question 25

Pursuant to the Supremacy Clause, the federal government has greater authority to regulate the states than the state do to regulate the federal government.

Question 26

Congress may not enact legislation mandating that the states regulate a subject.

Question 27

Congress may not financially coerce the states into pursuing a federal objective.

Question 28

The Eleventh Amendment's establishment of immunity for the states has been rendered obsolete in recent years through a series of decisions of the U.S. Supreme Court.

Question 29

In Seminole Tribe of Florida v. Florida (1996), the U.S. Supreme Court held that states may not be involuntarily sued (by citizens) in federal court.

Question 30

In Alden v. Maine, the U.S. Supreme Court held that states must consent to be sued in their own courts.

Question 31

State constitutional law may not decrease or limit federally secured rights, but a state may extend civil rights beyond what the federal Constitution secures.

Question 32

The state constitutions for all 50 states and the federal Constitution contain an express right to education.

Question 33

State constitutions are now viewed as an independent source of individual liberties.

Question 34

The Seventh Amendment's right to a jury trial in civil cases has been incorporated through the Fourteenth Amendment's Due Process Clause as a fundamental right.

Question 35

Like the federal Constitution, state constitutions contain declarations or bills of individual rights

Question 36

Preemption is the doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the ________ statute.

Question 37

The judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded is known as the ________ Commerce Clause.

Question 38

Based on a U.S. Supreme Court from 1851, the ________ Doctrine provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal.

Question 39

When a state is a(n) ________ in, as opposed to a regulator of, the market, the Dormant Commerce Clause does not apply.

Question 40

If it is determined that Congress has preempted a policy area, all state laws, even if consistent with federal law, are ________.

Question 41

In Crosby v. National Trade Council (2000), the U.S. Supreme Court held that all extensive regulation of foreign affairs by a state is prohibited, either by implicit preemption or simply because the states lack the authority to delve too deeply into ________ matters.

Question 42

Since the 1819 U.S. Supreme Court decision in McCulloch v. Maryland, it has been clear that states may not ________ the federal government or its subunits.

Question 43

State constitutional law may not decrease or limit federally secured rights, but a state may extend rights ________ what the federal Constitution secures.

Question 44

Some state constitutions ________ protect privacy, whereas the federal Constitution provides for the right to privacy based on an implied right.

Question 45

The Full Faith and ________ Clause based on the requirement of Article IV of the U.S. Constitution provides that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home.

Question 46

Match the term its description .

-Full Faith and Credit Clause

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
i. An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
j. Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 47

Match the term its description .

-Preemption

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 48

Match the term its description .

-Primacy

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 49

Match the term its description .

-Interstitial

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 50

Match the term its description .

-Selective Incorporation Doctrine

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 51

Match the term its description .

-Dual Sovereignty

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 52

Match the term its description .

-Dormant Commerce Clause

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 53

Match the term its description .

-Cooley Doctrine

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 54

Match the term its description .

-Minimum Contacts Test

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 55

Match the term its description .

-Adequate and Independent State Grounds Doctrine

A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal

Question 56

What are the three instances where the preemption doctrine holds that state regulation is precluded or invalidated by federal regulation?

Question 57

What is the scope of the Eleventh Amendment?

Question 58

Explain how the right to privacy under state constitutions differs from the right to privacy under the U.S. Constitution?

Question 59

Explain whether you would support a constitutional amendment in your state constitution to expand the right to privacy more broadly than the U.S. Constitution.

Question 60

Discuss whether you think all of the provisions in the Bill of Rights should be incorporated to state and local governments, including the Seventh Amendment's right to a jury trial in civil cases, the Fifth Amendment's right to grand jury indictment, and the Eighth Amendment's right to reasonable bail should be incorporated to the states.