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POL 470 QUESTIONS AND ANSWERS
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 states that miss deadlines by raising surcharges to receive waste Require states to take title and assume liability for radioactive waste they have generated Answers One and Two, but not Three - Answer - 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 above - Answer - 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 - Answer - 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 - Answer - Labor Legislation The Sherman Anti-Trust Act of 1890 had to do with the deregulation of the boating industry True False - Answer - False Commerce is more than buying or selling True False - Answer - True Arizona may inquire about a resident's legal status, but may not implement its own immigration rules - Answer - true Dual Federalism gives the states more power, whereas Cooperative Federalism gives the Federal govt more power - Answer - true Dred Scott was found to not have standing to sue on his own behalf - Answer - 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. - Answer - true
The prohibition of fish was for the good of the citizens of the United States - Answer - 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 - Answer - 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 - Answer - 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 independent constitutional provision
Any conditions imposed on the expenditure must be unambiguous None of the Above - Answer - 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 - Answer - 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 - Answer - 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
To protect their ability to support themselves To protect their children 1 & 2 but not 3 - Answer - 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 - Answer - 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 - Answer - 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 - Answer - economic benefit In the Kelo case, the taking of private property to give to another private party is not a permissible public use. - Answer - 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 - Answer - true The Berman case allowed private property to be taken for a public purpose with no compensation - Answer - false A turning point in the takings cases occurred in 1986 when the court had more conservative justices appointed - Answer - true
