Question: 1. Define Congress' plenary power to regulate through the Commerce Clause. a.Partial, limited and incomplete b. Qualified, sparse and narrow c. Absolute, full and complete
1. Define Congress' plenary power to regulate through the Commerce Clause.
a.Partial, limited and incomplete
b. Qualified, sparse and narrow
c. Absolute, full and complete
d. Restricted, relative and economic
2. What are some of the purposes congress' can use to pass laws under the Commerce Clause?
a. Health & Safety
b. All of these options are correct
c. Economic
d. Public Welfare
3. What is not a category of interstate commerce?
a. Intrastate Activities
b. Instrumentalities of Interstate Commerce
c. Activities Substantially Affecting Interstate Commerce
d. Channels of Interstate Commerce
4. What are channels of interstate commerce?
a. Goods and/or services being transported using the channels and instrumentalities of interstate commerce
b. The "means" or the persons, places, or things of transportation. That is, the thing that travels on/through the channels.
c. The literal thing that of transportation. That is, the thing that travels on/through the channels.
d. Through aggregation, the activity in question has a substantial economic effect on interstate commerce.
5. What are instrumentalities of interstate commerce?
a. Through aggregation, the activity in question has a substantial economic effect on interstate commerce.
b. The "means" or the persons, places, or things of transportation. That is, the thing that travels on/through the channels.
c. The literal thing that of transportation. That is, the thing that travels on/through the channels.
d. Goods and/or services being transported using the channels and instrumentalities of interstate commerce
6. What are articles moving in interstate commerce?
a. The literal thing that of transportation. That is, the thing that travels on/through the channels.
b. The "means" or the persons, places, or things of transportation. That is, the thing that travels on/through the channels.
c. Goods and/or services being transported using the channels and instrumentalities of interstate commerce
d. Through aggregation, the activity in question has a substantial economic effect on interstate commerce.
7. What is not a way of connecting a non-economic activity to interstate commerce?
a. Jurisdictional Nexus to interstate commerce.
b. Through aggregation, the activity in question has a substantial economic effect on interstate commerce.
c. A causal relation that is remote between the regulated act and interstate commerce.
d. Congressional fact finding.
8. What is the Supremacy Clause?
a. It says state law ranks supreme to federal law in matters concerning the country.
b. It states maritime law ranks supreme over land law.
c. It says federal law ranks supreme to state law in matters concerning the country.
d. It says federal law ranks supreme to state law in matters concerning each state individually.
9. What is the Preemption Doctrine?
a. Federal law only expressly preempts (prevents) state law.
b. Federal law expressly or impliedly preempts (prevents) state law.
c. Federal law only impliedly preempts (prevents) state law.
d. State law expressly or impliedly preempts (prevents) federal law.
10. What is not an example of an express federal preemption?
a. Armed Force
b. United States Postal Services
c. Primary/Elementary Education Standards
d. Immigration
11. What is not a factor of implicit preemption?
a. Uniformity
b. Similarity
c. Ambiguity
d. Pervasiveness
e. History
12. Regarding preemption, what is pervasiveness?
a. Federal authority is all over that specific area of law.
b. The need for uniform (aka consistent) laws across the country
c. A long-standing, tradition that the subject matter falls under a specific level of government (e.g., state or federal)
d. The more closely related the state and fed are, the more likely the federal law was meant to supersede.
13. Regarding preemption, what is uniformity?
a. The need for uniform (aka consistent) laws across the country
b. A long-standing, tradition that the subject matter falls under a specific level of government (e.g., state or federal)
c. Federal authority is all over that specific area of law.
d. The more closely related the state and fed are, the more likely the federal law was meant to supersede.
14. Regarding preemption, what is similarity?
a. Federal authority is all over that specific area of law.
b. The more closely related the state and fed are, the more likely the federal law was meant to supersede.
c. The need for uniform (aka consistent) laws across the country
d. A long-standing, tradition that the subject matter falls under a specific level of government (e.g., state or federal)
15. Regarding preemption, what is history?
a. A long-standing, tradition that the subject matter falls under a specific level of government (e.g., state or federal)
b. The more closely related the state and fed are, the more likely the federal law was meant to supersede.
c. Federal authority is all over that specific area of law.
d. The need for uniform (aka consistent) laws across the country
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