Question 1

How does the commerce clause prohibit discrimination against interstate commerce?

Accepted Answer

State and local governments frequently attempt by legislation to aid local business in its competition with interstate business. The commerce clause requires that all regulations be the same for local businesses as for businesses engaged in interstate commerce. A state may not place itself in a position of economic isolation from other states.

Question 2

The dormant commerce clause concept:

Accepted Answer

A)  is the term used to refer to the police powers being limitless. 
B)  does not allow the state regulation to violate commerce clause. 
C)  refers to the exclusive Congressional authorization on a matter of trade. 
D)  comes into focus when the state is acting in the business. 
E)  permits the state regulation to be arbitrary. 
A)  is the term used to refer to the police powers being limitless. 
B)  does not allow the state regulation to violate commerce clause. 
C)  refers to the exclusive Congressional authorization on a matter of trade. 
D)  comes into focus when the state is acting in the business. 
E)  permits the state regulation to be arbitrary. B

Question 3

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

Accepted Answer

A) True 
 B)False  False

Question 4

The power to regulate foreign commerce is vested exclusively in the state government.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following doctrines applies when a claim is originally filed in the courts?

Accepted Answer

A)  The doctrine of estoppel 
B)  the doctrine of exhaustion of remedies 
C)  The doctrine of lapse 
D)  the doctrine of primary jurisdiction 
E)  The doctrine of precedent 
A)  The doctrine of estoppel 
B)  the doctrine of exhaustion of remedies 
C)  The doctrine of lapse 
D)  the doctrine of primary jurisdiction 
E)  The doctrine of precedent

Question 6

Which of the following is true about imposition of undue burden?

Accepted Answer

A)  The commerce clause validates state laws involving undue burden on interstate commerce. 
B)  The commerce clause does not prohibit the imposing of burdens on interstate commerce. 
C)  The states have no authority to regulate mattes of legitimate local concern. 
D)  Even if the states regulate matters of legitimate local concern, the interstate commerce will never be affected. 
E)  The commerce clause, however, invalidates federal laws imposing an undue burden on interstate commerce. 
A)  The commerce clause validates state laws involving undue burden on interstate commerce. 
B)  The commerce clause does not prohibit the imposing of burdens on interstate commerce. 
C)  The states have no authority to regulate mattes of legitimate local concern. 
D)  Even if the states regulate matters of legitimate local concern, the interstate commerce will never be affected. 
E)  The commerce clause, however, invalidates federal laws imposing an undue burden on interstate commerce.

Question 7

The state and local government authority to regulate business activity arises from a concept called the eminent domain.

Accepted Answer

A) True 
 B)False

Question 8

Under the Commerce Clause, the Congress is prevented from regulating an activity labeled local or intrastate.

Accepted Answer

A) True 
 B)False

Question 9

By requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare, _____ give(s) state governments expansive power to regulate business activities.

Accepted Answer

A)  eminent domain 
B)  Presidential authority 
C)  commerce clause 
D)  police powers 
E)  federal authority 
A)  eminent domain 
B)  Presidential authority 
C)  commerce clause 
D)  police powers 
E)  federal authority

Question 10

Describe administrative agencies. What are the two types of administrative agencies?

Accepted Answer

The term administrative agencies describ

Question 11

The Commerce Clause holds that states cannot impede interstate commerce.

Accepted Answer

A) True 
 B)False

Question 12

The primary focus of policymaking by way of social regulation has been on balancing the costs of the programs with their potential benefits.

Accepted Answer

A) True 
 B)False

Question 13

_____ is a court-created rule that limits when courts can review administrative decisions.

Accepted Answer

A)  The doctrine of estoppel 
B)  the doctrine of exhaustion of remedies 
C)  The doctrine of lapse 
D)  the doctrine of primary jurisdiction 
E)  The doctrine of precedent 
A)  The doctrine of estoppel 
B)  the doctrine of exhaustion of remedies 
C)  The doctrine of lapse 
D)  the doctrine of primary jurisdiction 
E)  The doctrine of precedent

Question 14

Which of the following is true about limitation on state taxation?

Accepted Answer

A)  Taxes imposed by federal government are subject to the limitations imposed by the commerce clause. 
B)  Sales or use taxes levied by state and local governments on interstate commerce are exempt from the limitations. 
C)  Taxation distributes the cost of government among those who receive its benefits. 
D)  The limitations do not apply to property tax and income tax. 
E)  Interstate commerce is exempt from state and local taxes. 
A)  Taxes imposed by federal government are subject to the limitations imposed by the commerce clause. 
B)  Sales or use taxes levied by state and local governments on interstate commerce are exempt from the limitations. 
C)  Taxation distributes the cost of government among those who receive its benefits. 
D)  The limitations do not apply to property tax and income tax. 
E)  Interstate commerce is exempt from state and local taxes.

Question 15

Regulation is a form of taxation. Explain.

Accepted Answer

Regulation directly increases the cost o

Question 16

What must an agency do for the courts to exercise their function of limited review?

Accepted Answer

For the courts to exercise their functio

Question 17

The chairperson usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.

Accepted Answer

A) True 
 B)False

Question 18

When agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are _____.

Accepted Answer

A)  adjudicating 
B)  advising 
C)  rule making 
D)  investigating 
E)  determining 
A)  adjudicating 
B)  advising 
C)  rule making 
D)  investigating 
E)  determining

Question 19

By express language or by comprehensive regulation, Congress shows that it intends to exercise exclusive control over a particular subject matter. This doctrine of interpreting regulation is known as _____.

Accepted Answer

A)  executive privilege 
B)  separation of powers 
C)  nondelegation 
D)  federal preemption 
E)  concurrent powers 
A)  executive privilege 
B)  separation of powers 
C)  nondelegation 
D)  federal preemption 
E)  concurrent powers

Question 20

Which of the following is true about the prohibiting discrimination factor of the commerce clause?

Accepted Answer

A)  The commerce clause prohibits discrimination against intrastate commerce in favor of interstate commerce. 
B)  Federal government often attempts to aid local business in its competition with interstate business. 
C)  The commerce clause requires that all regulations be the same for local businesses as for businesses engaged in interstate commerce. 
D)  A state may place itself in a position of economic isolation from other states. 
E)  The commerce clause requires that the regulations for foreign trade be same for businesses engaged in local trade. 
A)  The commerce clause prohibits discrimination against intrastate commerce in favor of interstate commerce. 
B)  Federal government often attempts to aid local business in its competition with interstate business. 
C)  The commerce clause requires that all regulations be the same for local businesses as for businesses engaged in interstate commerce. 
D)  A state may place itself in a position of economic isolation from other states. 
E)  The commerce clause requires that the regulations for foreign trade be same for businesses engaged in local trade.

Exam 15: The Regulatory Process

How does the commerce clause prohibit discrimination against interstate commerce?

The dormant commerce clause concept:

The general language used in delegating quasi-judicial authority usually involves grants of substantial discretion to an agency.

The power to regulate foreign commerce is vested exclusively in the state government.

Which of the following doctrines applies when a claim is originally filed in the courts?

Which of the following is true about imposition of undue burden?

The state and local government authority to regulate business activity arises from a concept called the eminent domain.

Under the Commerce Clause, the Congress is prevented from regulating an activity labeled local or intrastate.

By requiring state legislation and regulation to protect the public's health, safety, morals, and general welfare, _____ give(s) state governments expansive power to regulate business activities.

Describe administrative agencies. What are the two types of administrative agencies?

The Commerce Clause holds that states cannot impede interstate commerce.

The primary focus of policymaking by way of social regulation has been on balancing the costs of the programs with their potential benefits.

_____ is a court-created rule that limits when courts can review administrative decisions.

Which of the following is true about limitation on state taxation?

Regulation is a form of taxation. Explain.

What must an agency do for the courts to exercise their function of limited review?

The chairperson usually signs orders and official correspondence and is responsible for publication of all actions in the Federal Register.

When agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are _____.

By express language or by comprehensive regulation, Congress shows that it intends to exercise exclusive control over a particular subject matter. This doctrine of interpreting regulation is known as _____.

Which of the following is true about the prohibiting discrimination factor of the commerce clause?

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