BMO Legal Framework & Constitutional Law 2 — Questions and Answers
Question 1: Under the Supremacy Clause of the U.S. Constitution, what happens when a state law conflicts with a valid federal law?
- The state law prevails if it was enacted first
- The federal law preempts the state law (Correct answer)
- Both laws apply simultaneously
- Courts decide on a case-by-case basis with no general rule
Correct answer: The federal law preempts the state law
The Supremacy Clause (Article VI) establishes that valid federal law is the supreme law of the land and preempts conflicting state laws.
Question 2: Which constitutional amendment prohibits the government from taking private property for public use without just compensation?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Eighth Amendment
Correct answer: Fifth Amendment
The Fifth Amendment's Takings Clause requires just compensation whenever the government takes private property for public use.
Question 3: In the context of administrative law, what is the primary purpose of the Administrative Procedure Act (APA)?
- To establish federal court jurisdiction
- To govern how federal agencies propose and establish regulations (Correct answer)
- To define the powers of the President
- To regulate interstate commerce
Correct answer: To govern how federal agencies propose and establish regulations
The APA establishes the processes federal agencies must follow when creating regulations, including notice-and-comment rulemaking.
Question 4: Which legal doctrine allows courts to review whether administrative agency actions are lawful?
- Stare decisis
- Judicial review (Correct answer)
- Sovereign immunity
- Forum non conveniens
Correct answer: Judicial review
Judicial review allows courts to examine administrative agency actions to determine if they comply with constitutional and statutory requirements.
Question 5: What is the legal standard established in Chevron U.S.A., Inc. v. Natural Resources Defense Council for reviewing agency interpretations of statutes?
- Courts apply de novo review to all agency interpretations
- Courts defer to reasonable agency interpretations of ambiguous statutes (Correct answer)
- Agencies must always follow the plain meaning of statutes
- Congress must explicitly authorize every agency action
Correct answer: Courts defer to reasonable agency interpretations of ambiguous statutes
The Chevron doctrine holds that courts should defer to an agency's reasonable interpretation of an ambiguous statute it administers.
Question 6: Under the Commerce Clause, Congress has the power to regulate which of the following?
- Only goods physically crossing state borders
- Activities with a substantial effect on interstate commerce (Correct answer)
- Intrastate activities only when states request federal assistance
- Only international trade and foreign commerce
Correct answer: Activities with a substantial effect on interstate commerce
The Commerce Clause power extends to activities that substantially affect interstate commerce, even if the activity itself is intrastate.
Question 7: A business manager discovers that a local ordinance conflicts with a state statute. Which source of law generally prevails?
- The local ordinance, as it is more specific
- The state statute, due to state preemption authority (Correct answer)
- Whichever was enacted more recently
- Federal law automatically applies in such disputes
Correct answer: The state statute, due to state preemption authority
State statutes generally preempt conflicting local ordinances because states grant municipalities their authority and can override them.
BMO Legal Framework & Constitutional Law 2
Under the Supremacy Clause of the U.S.
Constitution, what happens when a state law conflicts with a valid federal law?