37 terms

LSTD Exam 2

A federal form of government is one in which sovereign power is vested entirely in a central governing authority
The state governments retains all powers not specifically delegated to the states
When there is a direct conflict between a federal and a state law, the state law is rendered invalid
The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court
Any law that distinguishes between or among individuals violates the equal protection clause
State administrative regulations may regulate areas not covered by federal rules
The federal trade commission is an independent regulatory agecny
Congress may delegate some of its authority to administrative agencies
Administrative agencies may be required to show that information requested during the course of an investigation is relevant
Congress can review new federal regulations before they take effect
Police powers
The state of New York regulates private activities to protect or promote the public order, health safety, and general welfare under its
The state government and the federal government
Fred, the president of Good Retail corporation, claims that certain actions by the federal government and the state of Hawaii infringe on rights guaranteed by the Bill of Rights. Most of these rights limit
An unconsitutional restriction of speech
Minnesota enacts a statute to ban advertising in "bad tatse" This statute would likely be held by a court to be
Unreasonable searches only
The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers. Dave confesses to a crime and implicates his friends the consitution protects agaisnt
Unconsitutional under the due process clause
South Carolina enacts a stattute to impose a prison term with out a trial, on all street vendors who operate in certain areas. A court would likely hold this to be
The promulgation of a regulation by an administrative agency
Most federal administrative agencies, like the food and drug administration are usually created following
Amend the administrative procedure act to streamline proceedings
The federal communications commission(FCC) plans to adopt new regulation to govern internet based on phone services. Before drafting the regulations the FCC may not
The federal government retains all powers not specifically delegated to the states
When state regulations impinge on interstate commerce, commerce must yield to the regulations, no matter how heavy the burden placed on commerce
Some consitutional protections apply to business entities
A government law that restricts a fundamental right will be held to violate substantive due process unless it promotes a compelling or overriding state interest.
The terms "substantive due process" and "equal protection" mean the same thing.
Enabling legislation is passed by an administrative agency before it begins any regulatory activites
Administrative rules are not binding as the laws that Congress enacts
Notice and comment rule making is the most common rule making process used by administrative agencies
An administrative law judge rules only on questions of face, not questions of law
The prioprity among conflicting federal and state laws is based on the supremacy clause of the US consitution
Imposes a substantial burden on interstate commerce
Tom files a suit against the state of Utah, claiming that a Utah State law violates the commerce clause. The court will agree if the statute
Unconsitutioal under the 1st Amendement
The Baytown city council enacts an ordinance that bans the distribution of all printed materials on city streets. A court would likely hold that this law is
A crime
Xtreme Publications Inc. disseminates obscene materials. Under numberous state and federal statues, this is
procedures used in making decisions to take life, liberity, or property
Many claims that a Nebraska state statue infringes on her "procedural due process" rights. This claims focuses on
Consititutional under the equal protection clause
Urban city enacts an ordinance to allow only a few street vendors to operate in certain areas for the purpose of reducing traffic. A court would likely hold this to be
Binding as a law passed by Congress
The Merit Systems Protection Board issues a rule, like other administrative agencies legislative rules or substantive rules, this rule is as
Appeal to the commission that governs the agency
Blaster Company, a fireworks manufacturer is charged with having made products with gunpowder, charges many times greater than that allowed by the National Safety Agency. The administrative law judge orders Blaster to stop making its super charged fireworks. Blaster may
The government-in-the-Sunshine Act
With some exceptions, every portion of every meeting of the Federal Communications Commission and other federal administrative agencies must open to public observation under
the IRS
The IRS is a federal agency. The state department of Taxation and finance (DTF) is a state agency. The county revenue department (CRD) is a local agency. If the actions of these agencies conflict, the actions that will prevail are those of
In the Federal Register
To notify the public of a proposed rule, the Nuclear Regulatory Commission, like other federal agencies, publishes it