Con Law #2

What is two types of preemption?

• Express and implied

• field and objective peremption

• conflict objective

• Express and field peremption

Answer explanation

TheThere are two types of preemption: express and implied. Express preemption is found whenever a federal statute or law says that federal law is exclusive in a field, state and local laws are deemed preempted. Implied preemption is present when the law is silentre are two types of preemption: express and implied. Express preemption is found whenever a federal statute or law says that federal law is exclusive in a field, state and local laws are deemed preempted. Implied preemption is present when the law is silent

What are the exceptions to the Dormant Commerce Clause?

• Non-economic market and congress implied consent

• Market Particpation and Congressional approval

• Market particpation and Consent

• Congressional approval and non-economic.

Answer explanation

ThThere are two exceptions to the dormant commerce clause: (1) congressional approval and (2) market participation. Congressional approval is when congress waives its superior claim to commerce. Market participation is when the state is acting like a business. The state is free to do what they want with its part of the market. ere are two exceptions to the dormant commerce clause: (1) congressional approval and (2) market participation. Congressional approval is when congress waives its superior claim to commerce. Market participation is when the state is acting like a business. The state is free to do what they want with its part of the market. 

Is the removal power in the Constituion?

• Yes

• No

Answer explanation

The constitution is almost completely silent on the question of who possess the authority to remove federal officials from office. Removal power is inferred power from the appointment power

Under Article II, Section 2, authorizes the president with the advice and consent of the senate, to appoint who?

• Ambassadors, federal judges, and high level officers.

• Ambassadors, Judges, high-level congress memebers

• Ambassadors, federal judges, and inferior officers.

• Inferior officers, Heads of departments, and ambassadors.

Answer explanation

Under Article II, Section 2, authorizes the president with the advice and consent of the senate, to appoint ambassadors, federal judges, and officers of the United States also known as principal officers

What is the Constitutional requirements of Standing

• Causation, Redressability, and injury

• Redressability, Cause, and injury.

• Redressability, injury, and mootness.

• Prohibition against third party standing and prohibition against generalized grievances.

Answer explanation

There are three constitutional requirements of standing:  (1) Injury in Fact (2) Causation and (3) Redressability

Two tests are used to determine a law’s constitutionality under the commerce clause, what are they?

• Rational basis and intermediate scrunity

• Intermediate scrutiny and strict scrunity

• Rational basis and strict scrutiny

Answer explanation

Two tests are used to determine a law’s constitutionality under the commerce clause: (1) strict scrutiny and (2) the rational basis test

what is the non-delegation doctrine?

• The non-delegation doctrine states Congress can give power to administrative agencies

• The non-delegation doctrine states Congress may not delegate too much of their legislative power to an agency.

• The non-delegation doctrine states Congress can delegate half of there power

Answer explanation

The non-delegation doctrine states Congress may not delegate too much of their legislative power to an agency. The Constitution does not give Congress the power to delegate their powers to anyone else. 

What is the taxing and spending power?

• Under Article I, Section 8, gives Congress the power to lay and collect Taxes, to pay the Debts and provide for the common Defense and general Welfare of the United States.

• Under Article I, Section 8, gives Congress the power to spend for the entire nation

• Under Article I, Section 8, gives Congress the power to lay and collect Taxes, to pay the Debts.

Answer explanation

Under Article I, Section 8, gives Congress the power to lay and collect Taxes, to pay the Debts and provide for the common Defense and general Welfare of the United States.

What is an executive agreement?

• an agreement between the United States and a foreign country that’s negotiated by the president and is effective when ratified by the senate.

• An is an agreement with the U.S. in a foreign country that’s effective when signed by the president and the head of the foreign nation.

• An is an agreement with the U.S. and a state government

Answer explanation

An executive agreement is an agreement with the U.S. in a foreign country that’s effective when signed by tAn executive agreement is an agreement with the U.S. in a foreign country that’s effective when signed by the president and the head of the foreign nation.

What is Line item veto?

• when the president accepts one part of the bill but rejects another part.

• when the president accepts one part of the bill.

• when the president rejects part of a bill.

Answer explanation

when the president accepts one part of the bill but rejects another part. This is unconstitutional. The president has to either sign and approve all of the bill or veto the whole bill.