LEB 320F Unit 4 Exam with correct Answers
Three powers of the federal government - Answer -legislative, executive, judicial
Legislative Branch - Answer -the branch of government that makes the laws
Executive Branch - Answer -Enforces laws
Judicial Branch - Answer -Interprets the laws
Separation of Powers - Answer -Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Checks and Balances - Answer -A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Examples of checks and balances - Answer -the Executive Branch can veto bills from the Legislative Branch, but the Legislative Branch can override the veto.
Judicial Review - Answer -review by the US Supreme Court of the constitutional validity of a legislative act.
When Congress passes a statute, it exercises ______________ power. If someone challenges the law in court and argues that the new law violates a part of the Constitution, the courts will use their power of ______________ to evaluate the law.
A. executive; judicial review
B. executive; separation of powers C. legislative; judicial review
D. legislative; separation of powers - Answer -C. The power to create new laws is legislative power, and the power to assess the Constitutionality of the new laws is judicial review.
enumerated powers - Answer -The 18 powers explicitly given to Congress in the Constitution.
Examples of enumerated powers - Answer -coin money, regulate commerce with foreign nations, establish post offices, punish counter fitters, declare war Commerce Clause - Answer -The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Beginning in the 1930s the court broadened what? - Answer -The commerce clause to include any trade that had "any appreciable effect" on interstate or foreign commerce.
Under the Supreme Court's modern interpretation of the Commerce Clause, the most important factor in determining whether a business' activities count as interstate commerce is whether...
A. any customers reside in states other than the business' home state
B. any physical items (goods) cross from one state to another
C. the activities have any appreciable effect on interstate commerce
D. the transactions are substantial in number, or involve a substantial sum of money
E. none of the above - Answer -C. Before the 1930s, the Court paid more attention to whether items crossed state lines or used interstate rivers or railroads. Today, though, the Court is most concerned with whether the activities have an effect on interstate commerce. Most business activities do, and so most business activities can be regulated by the federal government.
Gonzales v. Raich - Answer -The regulation (BAN on homegrown medical marajuana) is
squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat (Wickard) or marijuana, has a substantial effect on supply and demand in the national market for that commodity.
-Congress had a rational basis for concluding that leaving home-consumed marijuana outside federal control would similarly affect price and market conditions. Even respondents acknowledge the existence of an illicit market in marijuana; indeed, Raich has personally participated in that market, and Monson expresses a willingness to do so
in the future.
New Era regulation of commerce - Answer -1/ congress can regulate the channels or interstate commerce
2/ congress has authority to regulate and protect instrumentalities of interstate commerce and persons or things on interstate commerce
3/ congress has the power to regulate activities that substantially affect interstate commerce
Equal Protection Clause - Answer -Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. By
interpretation, the Fifth Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.
rational basis test - Answer -The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution in economic regulations
Three powers of the federal government - Answer -legislative, executive, judicial
Legislative Branch - Answer -the branch of government that makes the laws
Executive Branch - Answer -Enforces laws
Judicial Branch - Answer -Interprets the laws
Separation of Powers - Answer -Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Checks and Balances - Answer -A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Examples of checks and balances - Answer -the Executive Branch can veto bills from the Legislative Branch, but the Legislative Branch can override the veto.
Judicial Review - Answer -review by the US Supreme Court of the constitutional validity of a legislative act.
When Congress passes a statute, it exercises ______________ power. If someone challenges the law in court and argues that the new law violates a part of the Constitution, the courts will use their power of ______________ to evaluate the law.
A. executive; judicial review
B. executive; separation of powers C. legislative; judicial review
D. legislative; separation of powers - Answer -C. The power to create new laws is legislative power, and the power to assess the Constitutionality of the new laws is judicial review.
enumerated powers - Answer -The 18 powers explicitly given to Congress in the Constitution.
Examples of enumerated powers - Answer -coin money, regulate commerce with foreign nations, establish post offices, punish counter fitters, declare war Commerce Clause - Answer -The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Beginning in the 1930s the court broadened what? - Answer -The commerce clause to include any trade that had "any appreciable effect" on interstate or foreign commerce.
Under the Supreme Court's modern interpretation of the Commerce Clause, the most important factor in determining whether a business' activities count as interstate commerce is whether...
A. any customers reside in states other than the business' home state
B. any physical items (goods) cross from one state to another
C. the activities have any appreciable effect on interstate commerce
D. the transactions are substantial in number, or involve a substantial sum of money
E. none of the above - Answer -C. Before the 1930s, the Court paid more attention to whether items crossed state lines or used interstate rivers or railroads. Today, though, the Court is most concerned with whether the activities have an effect on interstate commerce. Most business activities do, and so most business activities can be regulated by the federal government.
Gonzales v. Raich - Answer -The regulation (BAN on homegrown medical marajuana) is
squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat (Wickard) or marijuana, has a substantial effect on supply and demand in the national market for that commodity.
-Congress had a rational basis for concluding that leaving home-consumed marijuana outside federal control would similarly affect price and market conditions. Even respondents acknowledge the existence of an illicit market in marijuana; indeed, Raich has personally participated in that market, and Monson expresses a willingness to do so
in the future.
New Era regulation of commerce - Answer -1/ congress can regulate the channels or interstate commerce
2/ congress has authority to regulate and protect instrumentalities of interstate commerce and persons or things on interstate commerce
3/ congress has the power to regulate activities that substantially affect interstate commerce
Equal Protection Clause - Answer -Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. By
interpretation, the Fifth Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex.
rational basis test - Answer -The lowest-level standard used by the Supreme Court to determine whether a law is compatible with the Constitution in economic regulations
