Question 1

Ultimately, the determination of the constitutionality of state laws is up to the U.S.Supreme
Court.

Accepted Answer

The U.S. Supreme Court is the highest court in the land and has the final say on interpreting the U.S. Constitution and determining the constitutionality of state laws.

Question 2

The dormant commerce clause applies to

Accepted Answer

The dormant commerce clause applies to state laws that impact interstate commerce where no federal law on the subject exists. It prohibits states from passing legislation that places an undue burden on interstate commerce or discriminates against out-of-state businesses in favor of in-state ones.

Question 3

In determining if a state law is unconstitutional under the dormant commerce clause, the Court considers

Accepted Answer

The dormant commerce clause prohibits states from unfairly burdening or discriminating against interstate commerce. When determining if a state law is unconstitutional under this clause, the Court considers the burden on interstate commerce in relation to local necessity. This means that the Court will balance the state's interest in regulating the activity against the burden the law places on interstate commerce. The Court may also consider if there are alternatives that would achieve the same goal with a lesser burden on interstate commerce. The other choices (A and C) may play a role in the analysis, but they are not the primary considerations when determining if a state law violates the dormant commerce clause.

Question 4

The existence of a federal law does not necessarily prohibit a state from enacting similar laws.

Accepted Answer

The Supremacy Clause of the U.S. Constitution allows federal laws to take precedence over conflicting state laws, but it does not expressly prohibit states from enacting similar laws.

Question 5

A federal law can impliedly preempt a state law.

Accepted Answer

This means that the federal law automatically overrides, or preempts, any conflicting state law, even if the federal law does not explicitly state that it preempts state law.

Question 6

Whether express preemption exists depends on congressional intent.

Accepted Answer

Whether express preemption exists or not depends on congressional intent, as it is ultimately up to Congress to include language in federal laws that explicitly preempts state or local regulation.

Question 7

The power of states to enact laws is broader than the power of the federal government.

Accepted Answer

This is due to the principle of federalism, which grants certain powers to the states and reserves others for the federal government. The Tenth Amendment of the Constitution explicitly states that any powers not delegated to the federal government nor prohibited to the states belong to the states or the people. Therefore, states have the power to create laws that are not within the scope of federal authority. However, federal law supersedes state law if there is a conflict between the two.

Question 8

The powers of states to enact laws is found in

Accepted Answer

The Tenth Amendment of the United States Constitution explicitly states that powers not delegated to the federal government, nor prohibited to the states, are reserved for the states or the people. This includes the power to enact laws, among other responsibilities.

Question 9

A clause in a federal law providing that the law "does not exempt any person from any liability under common law" is known as a

Accepted Answer

A savings clause is a provision in a law that preserves the applicability of other laws or legal principles that would apply in the absence of the new law. In this case, the savings clause specifies that the new law does not exempt anyone from liability under common law, which means that individuals can still be held accountable under the traditional legal principles that existed prior to the new law's enactment.

Question 10

A federal law can preempt not only a state legislative enactment but also a state common law right to sue.

Accepted Answer

This is true because federal law, as established by the Supremacy Clause of the Constitution, takes precedence over state law. Therefore, if a federal law preempts a state law or regulation, it can also preempt a state common law right to sue.

Question 11

The key factor in deciding if field preemption applies is

Accepted Answer

Field preemption occurs when Congress intends to occupy an entire area of legislation, leaving no room for the states to supplement it. This intent of Congress is the key factor in determining if field preemption applies.

Question 12

In general, a state law is found unconstitutional

Accepted Answer

A state law can be found unconstitutional for any of the reasons listed in choices A, B, and C, or for a combination of these reasons. Federal law may preempt state law under the Supremacy Clause of the U.S. Constitution (choice A), such as when Congress passes a law regulating an area of law and preempting state law in that area. The dormant commerce clause prohibits states from passing laws that unduly burden interstate commerce (choice B), without requiring a federal law on the subject, and this has been interpreted to include both economic and non-economic regulations. A state law can also violate other provisions of the Constitution, such as the Due Process Clause, Equal Protection Clause, First Amendment, Fourth Amendment, and so on (choice C). Therefore, the best choice is D, as it includes all three possible reasons for a state law to be found unconstitutional.

Question 13

The powers of the state government and the powers of the federal government are mutually exclusive.

Accepted Answer

While some powers are reserved exclusively for the federal government (such as coining money and conducting foreign affairs), many powers are shared or overlap between the state and federal level (such as taxation and criminal law). Some powers are also delegated to state governments exclusively (such as regulating intrastate commerce).

Question 14

Under Article 1 §10, entitled "Powers Denied to the States," states are not prohibited from

Accepted Answer

The article lists several powers explicitly denied to the states, but none of them are related to enacting laws pursuant to a general police power. This means that states are allowed to pass laws that uphold public health, safety, and morals, without being in violation of the US Constitution.

Question 15

The Supreme Court has held that a state law prohibiting banks from selling insurance conflicts with a federal law giving banks the right to sell insurance in small towns.

Accepted Answer

This statement accurately reflects the Supreme Court's decision in Barnett Bank of Marion County, N.A. v. Nelson, 517 U.S. 25 (1996), where the Court held that a Florida law prohibiting banks from selling insurance conflicted with the National Bank Act, which gave national banks the authority to sell insurance in towns of 5,000 people or fewer.

Question 16

One common criterion used by the Court to decide if conflict preemption exists is

Accepted Answer

Conflict preemption occurs when it is impossible to comply with both federal and state regulations, making option A the correct criterion used by the Court.

Question 17

Which of the following is not a criteria considered by the Supreme Court when it evaluates the constitutionality of a state tax affecting interstate commerce?

Accepted Answer

The amount of the tax alone is not a criteria considered by the Supreme Court when evaluating the constitutionality of a state tax affecting interstate commerce. The other criteria include whether the tax is on an activity that has substantial nexus with the taxing state, whether the taxed business or individual faces the possibility of a double tax in another state, and whether the tax is fairly related to services provided by the taxing state.

Question 18

The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.

Accepted Answer

The dormant commerce clause is not a total prohibition on the right of states to make laws that affect interstate commerce. Rather, it restricts states from enacting laws that discriminate against or unduly burden out-of-state commerce.

Question 19

The Supreme Court has held that, because of the doctrine of preemption, a cigarette manufacturer who complied with federal labeling requirements could not be sued in state court for failure to adequately warn of the dangers of cigarette smoking.

Accepted Answer

The doctrine of preemption holds that when federal law conflicts with state law, federal law takes precedence. In the case of cigarette labeling requirements, federal law has established specific regulations for warning labels on cigarette packages. Therefore, a cigarette manufacturer who complies with federal labeling requirements cannot be sued in state court for failure to adequately warn of the dangers of cigarette smoking. This was affirmed by the Supreme Court in the case of Altria Group, Inc. v. Good, 555 U.S. 70 (2008).

Question 20

Which of the following laws was held not to be in violation of the dormant commerce clause for unfairly discriminating against out-of-state interests?

Accepted Answer

The answer of Which of the following laws was held...

Quiz 6: State Powers and the Constitution

Ultimately, the determination of the constitutionality of state laws is up to the U.S.Supreme Court.