POL 470 Chapter 7

Under New York v. United States what is a state allowed to do to force other states to be responsible with their radioactive waste?
Allow states to collect gradually increasing surcharges for waste received from other states
Allow states to reprimand stat

Answers One and Two, but not Three

How can the Federal Government get the states to pass legislation the Federal Government is not allowed to pass?
Comandeer the states
Force the states to pass legislation
Offer funds if the state complies with the federal government's wishes
None of the a

Offer funds if the state complies with the federal government's wishes

Which of the following is the least likely to be found as commerce by the Supreme Court?
Manufacturing
Buying and Selling
Transportation between states
Navigation between states

Manufacturing

According to the Hammer v. Dagenhart, the Federal Government cannot pass what kind of legislation under the commerce clause?
Buying and Selling Legislation
Lottery Ticket Legislation
Labor Legislation
Manufacturing Legislation

Labor Legislation

The Sherman Anti-Trust Act of 1890 had to do with the deregulation of the boating industry
True
False

False

Commerce is more than buying or selling
True
False

True

Arizona may inquire about a resident's legal status, but may not implement its own immigration rules

true

Dual Federalism gives the states more power, whereas Cooperative Federalism gives the Federal govt more power

true

Dred Scott was found to not have standing to sue on his own behalf

true

The West Coast case signified a changing time among the Supreme Court in that it was allowing Congress more freedom under the commerce clause.

true

According to the Wickard case, Mr. Filburn was allowed to grow his wheat and the federal government couldn't regulate against his own growth.

false

Congress used the commerce clause to desegregate the Heart of Atlanta Motel

true

Congress is allowed to use the tax and spend clause as a penalty

true

In the Southern Pacific Company v. Arizona case, Arizona was allowed to regulate the length of trains.

false

Congress used the commerce clause to ban the use of Marijuana federally?

true

In the Hunt v. Washington State Apple Advertising Commission case, what was North Carolina requiring of out of state apple growers?
Inspect all apples for H1N1 before entering the state
Label the apples from outside North Carolina
Tax all apples imported

Label the apples from outside North Carolina

Why was Maine allowed to discriminate against out of state fish?
The prohibition of fish was benefitting the citizens of Maine
The prohibition of fish served a legitimate local concern and there were no other means of protecting that interest
The Supreme

The prohibition of fish served a legitimate local concern and there were no other means of protecting that interest

Which example did the Supreme Court say was outside the scope of the Commerce Clause for Federal Regulation?
Guns in a school zone
Violence against women
Wheat growth for personal consumption
1 & 2 but not 3

1 & 2 but not 3

Which provision of the Constitution did Congress use to desegregate the Heart of Atlanta Motel?
The 8th Amendment
Tax and Spend Clause
Necessary and Proper Clause
Commerce Clause

Commerce Clause

Which of the following is not a requirement for a federal spending statute to be valid?
The expenditure must be for the general welfare
The conditions must be reasonably related to the purpose of the expenditure
The legislation must not violate any indepe

None of the Above

How was the Affordable Care Act allowed to be created constitutionally?
A valid exercise of the taxing power
The Commerce Clause
Congress contracted individually with the citizens of the United States
The Due Process rights of jurisprudence

A valid exercise of the taxing power

In the Fletcher v. Peck case, why was the land sale unable to be invalidated?
Due Process
Tax and Spending Power
The contract clause
Res Gestae

The contract clause

According to the Slaughterhouse cases, the 14th Amendment protects the rights of the United States, but not the __________ of the states.
attitude
contracting
insurance
citizenship

citizenship

According to the Allgeyer v. Louisiana case, what was a state not allowed to prohibit citizens from contracting outside of the state?
Insurance
Car purchases
Food services
Mail service

Insurance

The regulation of bakers was not a justifiable restriction in the Lochner case

true

States cannot get around the contract clause even in the instance of a public good

false

Oregon was able to limit the working hours of women in the Muller v. Oregon case

true

States can enact economic public policies even when a policy is unreasonable or abitrary

false

Congress can attach reasonable conditions to disbursed dollars to the states without conflicting with the 10th amendment

true

In the West Coast Hotel case, why was the state of Washington allowed to create a minimum wage law that applied to women.
To protect their health
To protect their ability to support themselves
To protect their children
1 & 2 but not 3

1 & 2 but not 3

According to the BMW of North America v. Gore case, excessive punitive damages violate what?
The 22nd Amendment
The 27th Amendment
Substantive Due process
Res Gestae

Substantive Due process

In the Caperton case, what did the judge fail to do?
Recuse himself because of the chance of bias
Make an accurate record for appeals
Rule in favor of the defendants
Rule in favor of the plaintiffs

Recuse himself because of the chance of bias

If the government creates a law that removes all _______ ________ from your property it is a taking.
inductive capability
unwarranted opportunity
economic benefit
copius maxian

economic benefit

In the Kelo case, the taking of private property to give to another private party is not a permissible public use.

false

In the Hawaii case the Supreme Court ruled the state could use eminent domain to redistribute the property among a larger group of Hawaiians

true

The Berman case allowed private property to be taken for a public purpose with no compensation

false

A turning point in the takings cases occurred in 1986 when the court had more conservative justices appointed

true