LAW & PUBLIC AFFAIRS EXAM 1 UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS

LAW & PUBLIC AFFAIRS EXAM 1 UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS

Question:
1. 25th amendment
Answer:
1) details line of succession 2) details how cabinet/VP can vote to remove president if he is unfit

Question:
2. impeachment proceedings
Answer:
1. Investigation (committees within the House)
2. Committee votes whether to bring it to the full House
3. House votes (simple majority)
4. Senate trial (chief justice presides over trial, 2/3 majority vote to convict or not)

Question:
3. federal judicial appointments
Answer:
ARE FOR LIFE and are made by the PRESIDENT and confirmed by a majority vote of the SENATE.

Question:
4. administrative agencies
Answer:
- given the power to issue rules and regulations under the APA
- they must give notice and comment period for new rules
- they have authority to interpret and apply regulations

Question:
5. field preemption
Answer:
when federal law sets up a comprehensive scheme to regulate the field (congress has occupied the field)

Question:
6. Expressed Preemption
Answer:
when the fed government overrules the state law with a new law

Question:
7. implied preemption
Answer:
Occurs when a federal law or regulation contains language that conflict with state or local laws or that
concerns matters in which the federal government holds power over

, Question:
8. trial court
Answer:
Court of original jurisdiction where cases begin, weighs evidence and facts

Question:
9. appellate court
Answer:
A court having jurisdiction to review cases and issues that were originally tried in lower courts, rules on
the procedural errors that may have occurred

Question:
10. dormant commerce clause
Answer:
A restriction on states' authority that is implied in the commerce clause of the U.S. Constitution: The
power given to Congress to enact legislation that affects interstate commerce in effect prohibits a state
from passing legislation that improperly burdens interstate commerce.

Question:
11. channels of interstate commerce
Answer:
highways, roadways phone lines, mail, airspace

Question:
12. instrumentalities of interstate commerce
Answer:
persons or things in commerece

Question:
13. Substantial Effect Rule
Answer:
Congress may regulate any activity that has a substantial economic effect on interstate commerce

Question:
14. three ways congress regulates interstate commerce
Answer:
channels of interstate commerce, instrumentalities of interstate commerce, or activities that substantially
affect interstate commerce

Question:
15. tax and spend powers of congress
Answer:
congress can attach conditions to its spending as a long as its no excessively coercive

Question:
16. enumerated powers