True/False
Indicate whether the
statement is true or false.
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1.
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The power of states to enact laws is broader than the power of the federal
government.
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2.
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The powers of the state government and the powers of the federal government are
mutually exclusive.
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3.
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The existence of a federal law does not necessarily prohibit a state from
enacting similar laws.
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4.
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Ultimately, the determination of the constitutionality of state laws is up to
the U.S. Supreme Court.
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5.
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A federal law can preempt not only a state legislative enactment but also a
state common law right to sue.
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6.
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Whether express preemption exists depends on congressional intent.
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7.
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The Supreme Court has held that, because of the doctrine of preemption, a
cigarette manufacturer who complied with federal labeling requirements could not be sued in state
court for failure to adequately warn of the dangers of cigarette smoking.
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8.
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A federal law can impliedly preempt a state law.
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9.
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The Supreme Court has held that a state law prohibiting banks from selling
insurance conflicts
with a federal law giving banks the right to sell insurance in small
towns.
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10.
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The dormant commerce clause is a total prohibition on the right of states to
make laws that affect interstate commerce.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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The powers of states to enact laws is found in
a. | the First Amendment | b. | the Fifth Amendment | c. | the Tenth
Amendment | d. | the Fourteenth Amendment |
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12.
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In general, a state law is found unconstitutional
a. | if a federal law preempts the state law | b. | if a state law or
tax violates the commerce clause, even though there is no federal law on the subject (dormant
commerce clause) | c. | if the state law violates some other provision of the
Constitution | d. | all of the above |
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13.
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A clause in a federal law providing that the law “does not exempt any
person from any liability
under common law” is known as a
a. | preemption clause | b. | a savings clause | c. | an exemption
clause | d. | a liability clause |
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14.
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The key factor in deciding if field preemption applies is
a. | the intent of Congress | b. | if a conflict between the federal and state law
exists | c. | the intent behind the state law | d. | none of the
above |
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15.
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One common criterion used by the Court to decide if conflict preemption exists
is
a. | whether compliance with both federal and state regulations is a physical
impossibility | b. | the scope of the federal law and the federal interest involved | c. | whether the federal
law was enacted first | d. | whether the federal law is broader than the
state law |
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16.
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The dormant commerce clause applies to
a. | situations where federal and state laws actually conflict | b. | any state law that
impacts interstate commerce | c. | state laws that impact interstate commerce
where no federal law on the subject exists | d. | federal laws that impact interstate commerce
where no state law on the subject exists |
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17.
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In determining if a state law is unconstitutional under the dormant commerce
clause, the Court
considers
a. | whether the state law conflicts with a federal law | b. | the burden on
interstate commerce in relation to local necessity | c. | whether other states have similar
laws | d. | none of the above |
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18.
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Which of the following laws was held not to be in violation of the dormant
commerce clause for unfairly discriminating against out-of-state interests?
a. | a law that imposed a surcharge of $2.50 on solid waste if the waste had been
generated out of state, but only $.85 if generated within the state | b. | a property tax
exemption for charitable institutions that excluded organizations operated principally for benefit of
nonresidents | c. | a state law that “tolled” the statute of limitations for a breach of
contract case for times that the defendant was out of state | d. | an environmental law
prohibiting milk from being packaged in plastic containers where the result was a benefit to the
large paper industry of the state |
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19.
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Which of the following is not a criteria considered by the Supreme Court when it
evaluates the
constitutionality of a state tax affecting interstate commerce?
a. | whether the tax is on an activity that has substantial nexus with the taxing
state | b. | the amount of the tax | c. | whether the taxed business or individual faces
the possibility of a double tax in another state | d. | whether the tax is fairly related to services
provided by the taxing state |
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20.
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Under Article 1 10, entitled “Powers Denied to the States,” states
are not prohibited from
a. | entering into treaties or alliances | b. | enacting laws pursuant to a general police
power | c. | passing a Bill of Attainder, ex post facto law or law impairing the obligation of
contracts | d. | granting a title of nobility |
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