Question 1

The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.

Accepted Answer

A) True 
 B)False

Question 2

The powers of the state government and the powers of the federal government are mutually exclusive.

Accepted Answer

A) True 
 B)False

Question 3

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?

Accepted Answer

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 the 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 when the result was a benefit to the large paper industry of the stateE) All of the above
F) A) and C)

Question 4

Whether express preemption exists depends on congressional intent.

Accepted Answer

A) True 
 B)False

Question 5

A federal law can impliedly preempt a state law.

Accepted Answer

A) True 
 B)False

Question 6

The power of states to enact laws is broader than the power of the federal government.

Accepted Answer

A) True 
 B)False  True

Question 7

Ultimately, the determination of the constitutionality of state laws is up to the U.S.Supreme
Court.

Accepted Answer

A) True 
 B)False

Question 8

In determining if a state law is unconstitutional under the dormant commerce clause, the Court considers

Accepted Answer

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.E) A) and C)
F) B) and D)

Question 9

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

Accepted Answer

A)  preemption clause.
B)  a savings clause.
C)  an exemption clause.
D)  a liability clause.E) All of the above
F) A) and B) B

Question 10

The existence of a federal law does not necessarily prohibit a state from enacting similar laws.

Accepted Answer

A) True 
 B)False

Question 11

The powers of states to enact laws is found in

Accepted Answer

A)  the First Amendment.
B)  the Fifth Amendment.
C)  the Tenth Amendment.
D)  the Fourteenth Amendment.E) None of the above
F) B) and C)

Question 12

Under Article 1 §10, entitled "Powers Denied to the States," states are not prohibited from

Accepted Answer

A)  entering into treaties or alliances.
B)  enacting laws pursuant to a general police power.
C)  passing a Bill of Attainder, an ex post facto law, or a law impairing the obligation of contracts.
D)  granting a title of nobility.E) A) and B)
F) A) and D)

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

A federal law can preempt not only a state legislative enactment but also a state common law right to sue.

Accepted Answer

A) True 
 B)False

Question 16

The dormant commerce clause applies to

Accepted Answer

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.E) C) and D)
F) B) and D)

Question 17

One common criterion used by the Court to decide if conflict preemption exists is

Accepted Answer

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.E) None of the above
F) A) and B)

Question 18

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?

Accepted Answer

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 stateE) A) and B)
F) A) and C)

Question 19

In general, a state law is found unconstitutional

Accepted Answer

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.E) A) and B)
F) All of the above D

Question 20

The key factor in deciding if field preemption applies is

Accepted Answer

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.E) A) and D)
F) A) and C)

Exam 6: State Powers and the Constitution

The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.

Correct AnswerverifiedShow Answer

The powers of the state government and the powers of the federal government are mutually exclusive.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Whether express preemption exists depends on congressional intent.

Correct AnswerverifiedShow Answer

A federal law can impliedly preempt a state law.

Correct AnswerverifiedShow Answer

The power of states to enact laws is broader than the power of the federal government.

Correct AnswerverifiedTrue

Ultimately, the determination of the constitutionality of state laws is up to the U.S.Supreme Court.

Correct AnswerverifiedShow Answer

In determining if a state law is unconstitutional under the dormant commerce clause, the Court considers

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedB

The existence of a federal law does not necessarily prohibit a state from enacting similar laws.

Correct AnswerverifiedShow Answer

The powers of states to enact laws is found in

Correct AnswerverifiedShow Answer

Under Article 1 §10, entitled "Powers Denied to the States," states are not prohibited from

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

A federal law can preempt not only a state legislative enactment but also a state common law right to sue.

Correct AnswerverifiedShow Answer

The dormant commerce clause applies to

Correct AnswerverifiedShow Answer

One common criterion used by the Court to decide if conflict preemption exists is

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

In general, a state law is found unconstitutional

Correct AnswerverifiedD

The key factor in deciding if field preemption applies is

Correct AnswerverifiedShow Answer

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True

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B

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D

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