Question 1

Regulation is considered appropriate if it aids intrastate commerce over interstate commerce.

Accepted Answer

The power of Congress to regulate commerce "among the several states" extends to those intrastate activities that affect interstate commerce as to make regulation of them appropriate. Regulation is appropriate if it aids interstate commerce.

Question 2

An administrative agency of quasi-legislative regulatory authority is empowered to make decisions like a court.

Accepted Answer

Administrative agencies have either one or both types of regulatory authority. The first type is called quasi-legislative in that an agency can issue rules (regulations) that have the impact of laws. The second type is quasi-judicial in that agencies can make decisions like a court.

Question 3

The power of the federal government includes the persons engaged in interstate commerce but not the activities affecting the interstate commerce.

Accepted Answer

The power of Congress over commerce is very broad; it extends to all commerce, be it great or small. The power of the federal government includes not only persons engaged in interstate commerce but also activities affecting interstate commerce.

Question 4

Intrastate activities affecting the interstate commerce are regulated by the Congress.

Accepted Answer

The power of Congress to regulate commerce "among the several states" extends to those intrastate activities that affect interstate commerce as to make regulation of them appropriate.

Question 5

The power to regulate foreign commerce is vested exclusively in the state government.

Accepted Answer

The first part of the commerce clause grants the federal government power to regulate foreign commerce. The power to regulate foreign commerce is vested exclusively in the federal government, and it extends to all aspects of foreign trade.

Question 6

The Environmental Protection Agency (EPA) regulates civil aviation to provide safe and efficient use of airspace.

Accepted Answer

The Environmental Protection Agency (EPA) administers all laws relating to the environment, including laws on water pollution, air pollution, solid wastes, pesticides, toxic substances, etc.

Question 7

The Commerce Clause holds that states cannot impede interstate commerce.

Accepted Answer

The Commerce Clause prohibits one state from interfering with commerce that crosses state lines.

Question 8

When a federal statute preempts a particular area of regulation, the state regulation related to the same subject is void.

Accepted Answer

When a federal statute preempts a particular area of regulation, any state or local law pertaining to the same subject matter is unconstitutional under the commerce clause and the supremacy clause, and the state regulation is void.

Question 9

Under the Commerce Clause, the Congress is prevented from regulating an activity labeled local or intrastate.

Accepted Answer

The power of Congress over commerce is very broad; it extends to all commerce, be it great or small. Labeling an activity a "local" or "intrastate" activity does not prevent Congress from regulating it under the commerce clause.

Question 10

Requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare gives state governments expansive power to regulate business activities.

Accepted Answer

Police powers can be summarized as requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare. These words, particularly the last phrase, give state government expansive power to regulate business activities.

Question 11

The state and local government authority to regulate business activity arises from a concept called the eminent domain.

Accepted Answer

Whereas the authority of the federal government to regulate business activity comes from the express language of the commerce clause, state and local government authority arises from a concept known as police powers.

Question 12

The limitations imposed by the U.S. Constitution are referred to as the dormant commerce clause concept.

Accepted Answer

The police powers are not limitless. For example, state regulations must not be arbitrary, capricious, or unreasonable. Furthermore, the state regulation must not violate the commerce clause. These limitations imposed by the U.S. Constitution are referred to as the dormant commerce clause concept.

Question 13

When state law is inconsistent or conflicts irreconcilably with the federal statute, it is constitutional.

Accepted Answer

When state law is inconsistent or conflicts irreconcilably with the federal statute, it is unconstitutional and void.

Question 14

The indirect or direct attempts of the state to regulate imports and exports are unconstitutional.

Accepted Answer

State and local governments sometimes attempt directly or indirectly to regulate imports or exports to some degree. Such attempts generally are unconstitutional.

Question 15

The Commerce Clause gives rise to the federal government's power to regulate business activity.

Accepted Answer

The Commerce Clause declares "The Congress shall have Power . . . to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The Commerce Clause gives rise to the federal government's power to regulate business activity.

Question 16

The internal matters where uniformity on a nationwide basis is essential are exclusively the concern of the state.

Accepted Answer

The subject area that is exclusively federal concerns those internal matters where uniformity on a nationwide basis is essential.

Question 17

The Health Care and Education Reconciliation Act of 2010 requires that everyone have health insurance coverage beginning in 2014.

Accepted Answer

One provision of the Affordable Care Act of 2010 requires that everyone have health insurance coverage beginning in 2014.

Question 18

Congress uses more and more general language in stating its regulatory aims and purposes.

Accepted Answer

Congress cannot possibly legislate in minute detail, and, as a consequence, it uses more and more general language in stating its regulatory aims and purposes.

Question 19

The Commerce Clause requires analysis of the regulation of commerce among several states.

Accepted Answer

The Commerce Clause requires analysis of the regulation of foreign commerce, regulation of interstate commerce, impact on interstate commerce, and possible limitations on federal regulatory authority.

Question 20

The police powers are limitless, sometimes allowing the state government to be arbitrary, capricious, or unreasonable.

Accepted Answer

The police powers are not limitless. For example, state regulations must not be arbitrary, capricious, or unreasonable. Furthermore, the state regulation must not violate the commerce clause.

Quiz 15: The Regulatory Process