BULE Exam #1 questions well
answered graded A+
The U.S. Constitution created a - correct answer ✔✔federal form of government
What type of powers do the states have to regulate or prohibit private activities? - correct
answer ✔✔police powers
True or False
State police powers only authorize state police forces. - correct answer ✔✔False
- Police powers include not only police forces, but the promotion of health, safety, and general
welfare.
Which of the following would NOT be regulated at the state level?
a. Antidiscrimination laws
b. Zoning restrictions
c. Licensing requirements
d. Parking regulations
e. Fire and building codes
f. Interstate commerce laws - correct answer ✔✔Interstate commerce laws
,Article 1, Section 8, of the U.S. Constitution impacts business greatly and is referred to as the -
correct answer ✔✔commerce clause
If you are a farmer who grows and sells locally, can you conclude that the Commerce Clause
does NOT apply to your activities and actions?
a. No, because the Supreme Court and Congress have interpreted the Commerce Clause
extremely broadly.
b. Yes, because you are engaged in intrastate commerce.
c. Yes, because your state legislature says so. - correct answer ✔✔No, because the Supreme
Court and Congress have interpreted the Commerce Clause extremely broadly.
true or false
State laws that allow the use of medical marijuana insulate users in those states from federal
prosecution. - correct answer ✔✔false
In 1824, the Supreme Court decided the landmark case ________________________ which
ruled that commerce within the states could also be regulated by the national government. -
correct answer ✔✔Gibbons v Ogden
true or false
When there is a direct conflict between a federal and a state law, the state law is rendered
invalid. - correct answer ✔✔true
, You have an unrestricted license to operate a tourist boat in a bay off of Maui, Hawaii, which
you received from the federal government. The state tells you that it has decided not to allow
commercial use of that area. Will the new state action be upheld in the courts when you sue? -
correct answer ✔✔No, because the state action will be probably held unconstitutional under
the supremacy clause
Congress sets out a medical-device approval process for the Food and Drug Administration. The
law includes a preemption provision. A device that goes through the process injures Eric, who
sues under state law to recover. The court will most likely rule that: - correct answer ✔✔The
federal law preempts eric's state law claim
The Iowa legislature passed a law banning trucks 65 feet long or longer from operating on its
roads and highways because big trucks do more damage to roads than smaller trucks and are
involved in more serious accidents. Consolidated Freightways (CF) drove big trucks through Iowa
on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for
trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute
was unconstitutional. The court most likely found that the Iowa statute was
a. constitutional because Iowa had a compelling state interest in passing the law.
b. unconstitutional under the supremacy clause.
c. unconstitutional under the "dormant" commerce clause.
d. unconstitutional under the privileges and immunities clause. - correct answer
✔✔unconstitutional under the "dormant" commerce clause
A city ordinance allows only two hot dog stands to operate in the city's downtown area. If
someone who would like to add another hot dog stand challenges this ordinance under the
equal protection clause, the rule will be subject to
answered graded A+
The U.S. Constitution created a - correct answer ✔✔federal form of government
What type of powers do the states have to regulate or prohibit private activities? - correct
answer ✔✔police powers
True or False
State police powers only authorize state police forces. - correct answer ✔✔False
- Police powers include not only police forces, but the promotion of health, safety, and general
welfare.
Which of the following would NOT be regulated at the state level?
a. Antidiscrimination laws
b. Zoning restrictions
c. Licensing requirements
d. Parking regulations
e. Fire and building codes
f. Interstate commerce laws - correct answer ✔✔Interstate commerce laws
,Article 1, Section 8, of the U.S. Constitution impacts business greatly and is referred to as the -
correct answer ✔✔commerce clause
If you are a farmer who grows and sells locally, can you conclude that the Commerce Clause
does NOT apply to your activities and actions?
a. No, because the Supreme Court and Congress have interpreted the Commerce Clause
extremely broadly.
b. Yes, because you are engaged in intrastate commerce.
c. Yes, because your state legislature says so. - correct answer ✔✔No, because the Supreme
Court and Congress have interpreted the Commerce Clause extremely broadly.
true or false
State laws that allow the use of medical marijuana insulate users in those states from federal
prosecution. - correct answer ✔✔false
In 1824, the Supreme Court decided the landmark case ________________________ which
ruled that commerce within the states could also be regulated by the national government. -
correct answer ✔✔Gibbons v Ogden
true or false
When there is a direct conflict between a federal and a state law, the state law is rendered
invalid. - correct answer ✔✔true
, You have an unrestricted license to operate a tourist boat in a bay off of Maui, Hawaii, which
you received from the federal government. The state tells you that it has decided not to allow
commercial use of that area. Will the new state action be upheld in the courts when you sue? -
correct answer ✔✔No, because the state action will be probably held unconstitutional under
the supremacy clause
Congress sets out a medical-device approval process for the Food and Drug Administration. The
law includes a preemption provision. A device that goes through the process injures Eric, who
sues under state law to recover. The court will most likely rule that: - correct answer ✔✔The
federal law preempts eric's state law claim
The Iowa legislature passed a law banning trucks 65 feet long or longer from operating on its
roads and highways because big trucks do more damage to roads than smaller trucks and are
involved in more serious accidents. Consolidated Freightways (CF) drove big trucks through Iowa
on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for
trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute
was unconstitutional. The court most likely found that the Iowa statute was
a. constitutional because Iowa had a compelling state interest in passing the law.
b. unconstitutional under the supremacy clause.
c. unconstitutional under the "dormant" commerce clause.
d. unconstitutional under the privileges and immunities clause. - correct answer
✔✔unconstitutional under the "dormant" commerce clause
A city ordinance allows only two hot dog stands to operate in the city's downtown area. If
someone who would like to add another hot dog stand challenges this ordinance under the
equal protection clause, the rule will be subject to
