LEB 320F Unit 3 Exam Questions and
Answers 100% Solved
What are the three general categories of provisions contained by the
constitution? - ✔✔1. Organizing the government into three branches
2. Delineating the authority of the federal and state governments
3. Protecting the rights of individuals and businesses through power
limitations on the government
What is the significance of Marbury v. Madison? - ✔✔settled the question
of which branch had ultimate authority to determine constitutional issues;
decided the U.S. Supreme Court assumed this power for the judicial branch
of government and has the final say in deciding whether the Constitution
has been violated by a congressional or state law or executive action
Who makes laws? What is an exception to this? Give an example - ✔✔The
legislative branch. however, congress can expressly delegate legislative
powers to the other two branches.
1
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,Ex. Congress gave the SEC the power to make rules specifying rules to
prohibit fraudulent and deceptive practices in connection with the sale of
securities
What are delegated powers? - ✔✔powers that are specifically given to it in
the Constitution
What are reserved powers? - ✔✔powers not granted to the federal
government; continue to reside with the states
Why do delegated powers exist? - ✔✔where it would be unfeasible for
them to exist in another capacity (post office)
What is state police power? Why is it important? - ✔✔inherent
governmental power to regulate the health, safety, morality, and general
welfare of its people. Virtually all the powers of a particular state derive
from this.
What are health, safety, and morality as pertains to the state police power?
- ✔✔statutes relating to the operation of motor vehicles, the manufacture
and sale of alcoholic beverages, and the regulation of crime
What is general welfare as pertains to the state police power? -
✔✔marriage and divorce, the inheritance of property, and landlord-tenant
relationships
2
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, What is the commerce clause? How has it changed since the 1930s? -
✔✔Congress has the power "to regulate Commerce with foreign Nations,
and among the States." In the 1930s, the Court added a third and
extremely broad category, holding that Congress could regulate commerce
occurring so long as the commercial activity had "any appreciable effect"
on interstate or foreign commerce
Gonzales v. Raich - premise - ✔✔Raich and Monson are California
residents who suffer from a variety of serious medical conditions use
medical marijuana under California's Compassionate Use Act. Raich's
physician believes that forgoing cannabis treatments would certainly cause
her excruciating pain and could very well prove fatal.
Respondent Monson cultivates her own marijuana, but Raich is unable to
cultivate her own, and thus relies on two caregivers to provide her with
locally grown marijuana at no charge. After federal agents raided Monson's
house and destroyed her plants, respondents sued the U.S. Attorney
General Gonzales and the head of the DEA seeking injunctive and
declaratory relief prohibiting the enforcement of the federal Controlled
Substances Act (CSA), to the extent it prevents them from possessing,
obtaining, or manufacturing cannabis for their personal medical use.
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved
What are the three general categories of provisions contained by the
constitution? - ✔✔1. Organizing the government into three branches
2. Delineating the authority of the federal and state governments
3. Protecting the rights of individuals and businesses through power
limitations on the government
What is the significance of Marbury v. Madison? - ✔✔settled the question
of which branch had ultimate authority to determine constitutional issues;
decided the U.S. Supreme Court assumed this power for the judicial branch
of government and has the final say in deciding whether the Constitution
has been violated by a congressional or state law or executive action
Who makes laws? What is an exception to this? Give an example - ✔✔The
legislative branch. however, congress can expressly delegate legislative
powers to the other two branches.
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,Ex. Congress gave the SEC the power to make rules specifying rules to
prohibit fraudulent and deceptive practices in connection with the sale of
securities
What are delegated powers? - ✔✔powers that are specifically given to it in
the Constitution
What are reserved powers? - ✔✔powers not granted to the federal
government; continue to reside with the states
Why do delegated powers exist? - ✔✔where it would be unfeasible for
them to exist in another capacity (post office)
What is state police power? Why is it important? - ✔✔inherent
governmental power to regulate the health, safety, morality, and general
welfare of its people. Virtually all the powers of a particular state derive
from this.
What are health, safety, and morality as pertains to the state police power?
- ✔✔statutes relating to the operation of motor vehicles, the manufacture
and sale of alcoholic beverages, and the regulation of crime
What is general welfare as pertains to the state police power? -
✔✔marriage and divorce, the inheritance of property, and landlord-tenant
relationships
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, What is the commerce clause? How has it changed since the 1930s? -
✔✔Congress has the power "to regulate Commerce with foreign Nations,
and among the States." In the 1930s, the Court added a third and
extremely broad category, holding that Congress could regulate commerce
occurring so long as the commercial activity had "any appreciable effect"
on interstate or foreign commerce
Gonzales v. Raich - premise - ✔✔Raich and Monson are California
residents who suffer from a variety of serious medical conditions use
medical marijuana under California's Compassionate Use Act. Raich's
physician believes that forgoing cannabis treatments would certainly cause
her excruciating pain and could very well prove fatal.
Respondent Monson cultivates her own marijuana, but Raich is unable to
cultivate her own, and thus relies on two caregivers to provide her with
locally grown marijuana at no charge. After federal agents raided Monson's
house and destroyed her plants, respondents sued the U.S. Attorney
General Gonzales and the head of the DEA seeking injunctive and
declaratory relief prohibiting the enforcement of the federal Controlled
Substances Act (CSA), to the extent it prevents them from possessing,
obtaining, or manufacturing cannabis for their personal medical use.
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
