MIE 305 Exam Set Questions With Reviewed Correct Detailed Answers New Update!!
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Module
MIE 305
Institution
MIE 305
MIE 305 Exam
Set Questions With Reviewed
Correct Detailed Answers
New Update!!
1. Interstate Commerce Powers of Congress - ANSWER
Congress'
substantial legislative and regulatory power over trade between the states
and intrastate activity substantially affect interstate commerce...
MIE 305 Exam
Set Questions With Reviewed
Correct Detailed Answers
New Update!!
1. Interstate Commerce Powers of Congress - ANSWER Congress'
substantial legislative and regulatory power over trade between the states
and intrastate activity substantially affect interstate commerce
2. Where does the Dormant Commerce Clause come from? - ANSWER It
is only used when Congress is legislatively silent on a matter. It was not
actually enumerated in the Constitution, but it is the result of case
interpretation and application of precedents from the Supreme Court itself.
The central rationale of it is to prohibit state or municipal laws whose
object is local economic protectionism.
3. What does it say or do that's important for modern business operations? -
ANSWER It prevents a business from economically discriminating
against interstate commerce in favor of their local economy and/or a public
policy goal
4. What are the exceptions of the Dormant Commerce Clause? - ANSWER
Congress taking action on the matter at hand nullifies the use of the
DCC. The market participant exception states that a states that a state may
favor in-state interests to the detriment of out-of-state interests through a
government-owned business or industry that is competing with others in a
, free economic system (state discrimination not enforced through
regulatory mechanism but rather a competitive practice) - i.e. in-state v.
out-of-state college tuition
5. Strict Scrutiny - ANSWER Governmental action is constitutional under
the equal protection clause where legislation necessarily relates to a
compelling interest of government
Fundamental rights include the right to vote and the right to engage in interstate
travel
A suspect class includes race, religion, and national origin
6. Intermediate Scrutiny - ANSWER Government action is constitutional
under the equal protection clause where legislation substantially related to
an important purpose of government
Classification scheme based on sex or gender
7. Rational Basis - ANSWER Governmental action is constitutional under
the equal protection clause where legislation is reasonably related to a
legitimate purpose of government
Where government regulation is based on social welfare and economic matters
8. First Amendment right to free speech - ANSWER "Congress shall make
no law ... abridging the freedom of speech"
Government cannot regulate content but can regulate the time, place, and
manner of speech.
The Court implemented the Clear and Present Danger Test to determine if the
speech can be regulated
, 9. What are administrative agencies and how can they be classified or
categorized? - ANSWER An entity of government charged with
implementing provisions of a statute through a process of enforcement and
adjudication
These can be broken down into executive and independent agencies. Executive
agencies are departments of cabinets and sub-agencies that are politically
affiliated with the president. Independent agencies include government
corporations and regulatory agencies. Government corporations are agencies set
up to provide critical goods and services to the American economy, such as
Amtrak, USPS, FDIC, and CPB. Regulatory agencies regulate economic activity or
behaviors, such as the FTC, NLRB, and SEC.
10. How are administrative agencies created? - ANSWER The enactment
by Congress of a statute creating a federal administrative agency is called
enabling legislation
The delegation doctrine establishes that if Congress collectively decides to hand
certain of their decision-making powers to other branches to execute on their
behalf, they must pass a law
Congress shall lay down by legislative act an intelligible principle to which the
person or body authorized to fix such rates is directed to conform, such legislative
action is not a forbidden delegation of legislative power
11. What is enabling legislation? - ANSWER A statute that creates an
administrative agency and determines the scope of power granted to that
agency and usually provides that the president or other member of the
executive branch appoint the leadership to the agency
12. What's the non-delegation doctrine and why was it important in J.W.
Hampton, Jr. Co. v. U.S.? - ANSWER Congress can't create an
administrative agency and give it a broad, general grant of power
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