Education. The "elastic clause" is the other name given to the _____, which gives more power to _____ to carry out its responsibilities. Incorrect: An auditor observes some discrepancies in the company's finances, and the case is taken to court. If 10 percent of White Texans lack voter ID, it is likely that 20 percent of Black and Latino Texans lack voter ID. The police suspect that Jack is growing marijuana in his home. This answer has been confirmed as correct and helpful. Occupation of the field is likely to be found when state law addresses an area that has traditionally been a matter of the state (ex: mortgage foreclosure process). = 2 5/20 57) It is easy to determine where the authority of one branch of the government ends and another's begins. User: She worked really hard on the project. Which argument did states fighting the preclearance requirement of Section 5 of the Voting Rights Act make to the Supreme Court? TENSION stress of a fault occurs when slabs of rock are being pulled apart from each other. The president may regulate commerce within states. Description is appropriate only in narrative and descriptive writing. Thus, even if state law does not directly conflict with federal law, it can still be struck down or preempted if Congress has occupied the field with federal legislation. A) It is a constitutional doctrine that distributes power among the three branches of the government. Block grants are designed to give the states considerable discretion in how the money should be spent. 35) With reference to the Fourth Amendment, which of the following statements is true about search warrants? Civil rights. Click here. Which of the following statements best describes the Federalists? The examples of some cities refusing to hold detained undocumented immigrants because this is a federal responsibility or choosing to enact more powerful environmental laws than those dictated by federal environmental policy show how liberal states and local governments may also make claims using what? ended the policy of "separate but equal" in public schools. Which of the following statements is true of the Bill of Rights? The following statements about description are true: Authors might use description to foreshadow important events in a literary work. It defined the time period from Reconstruction to the New Deal. Smoke-free home policies were assessed by asking "which statement best describes the rules about smoking inside your home?" As a negative consequence of the use of credit by the Federal Government is the use of $ 831 billion that was spent on tax credits, medical care, schools, energy, roads and other construction projects which generated a budget deficit that had to be settled with taxes on citizens. Ludwig is the first sentence search engine that helps you write better English by giving you contextualized examples taken from reliable sources. Which statements correctly express how the powers to regulate commerce are divided within the U.S. Constitution? .css-1hd8eav{display:inline-block;position:absolute;text-align:center;left:0;top:0;color:#e0edff;padding:8px;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;font-size:1.953125em;}.css-jl56i3{box-sizing:border-box;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;max-width:100%;-webkit-flex-shrink:0;-ms-flex-negative:0;flex-shrink:0;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;pointer-events:none;-webkit-user-select:none;-moz-user-select:none;-ms-user-select:none;user-select:none;display:inline-block;position:absolute;text-align:center;left:0;top:0;color:#e0edff;padding:8px;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;font-size:1.953125em;}.css-jl56i3 svg,.css-jl56i3 path{pointer-events:none;} Intrastate commerce. The following chart compares the rates of Black and Latino Texans lacking voter ID to the rate of White Texans. WINDOWPANE is the live-streaming app for sharing your life as it happens, without filters, editing, or anything fake. WINDOWPANE is the live-streaming app for sharing your life as it happens, without filters, editing, or anything fake. Another example is, if a state legislature enacts gun control laws and their intent in doing so is to occupy the field of gun control, than local laws governing gun control will be preempted and deemed invalid. It has to be What was the purpose of the preclearance requirement in the Voting Rights Act of 1965? The Doctrine of Preemption is based on the Supremacy Clause. Correct: gave states constitutional protection to create race-based laws. Congress has preempted state regulation in many areas. which of the following statements best describes a federal preemption. C) It refers to the residual powers retained by the state to enact legislation to safeguard the health and welfare of its citizenry. Which of the following statements is true about the powers of Congress? Which of the following was the primary factor that led to the replacement of the Articles of Confederation? However, absent a conflicting federal law, the court should enforce the state law. The federal government requiring schools to test students annually but not offering any money to pay for it. The AMPP Study questionnaire asked, "Which statements best describe your headaches in relation to your period?" 20/3 The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. ], Which of the following is the best example of a statement of subject? Federal funds to states for a specific purpose. Preemption is the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically declared it has "occupied the field." Preemption can occur by 1. Federal funds to states for a general policy purpose. It set the precedent for Brown v. Board of Education. Incorrect: Under the _____, Congress lacked the power to fund the government and had to rely on support from _____. Record the issuance of 72,000 shares of $6 par-value common stock, assuming the shares sell for$6 cash per share. Correct: U.S. Department of Health & Human Services 50) Which of the following statements is true of the Equal Protection Clause? Which of the following statements best describes the cause of the shift from dual federalism to cooperative federalism? [2] A) The evidence is not permissible since it violates Brooke's right to be secure in her home as per the Fourth Amendment. The Supremacy Clause essentially states that federal law is the "supreme law of the land." Offer more flexibility. Correct: Incorrect: Federal Preemption of State and Local Law 3 cover, in historical context, the basic principles derived from the Supremacy Clause and Commerce Clause. enumerated or implied power even if the state government has its own law on the matter is based on the principle of preemption Which body retains primary jurisdiction over local . Which of the following statements accurately characterizes the state of federalism during the New Deal period? Recruitment and maintenance of a militia. In addition, the Department of Health and Human Services (HHS) may, upon specific request from a State or other entity or person, determine that a provision of State law which is "contrary" to the Federal requirements as defined by the HIPAA Administrative Simplification Rules and which meets certain additional criteria, will not be preempted by the Federal requirements. The following statements about description is true: Description can be used carefully in persuasive and expository writing. Which of the following characterizes the system of federalism? Weegy: A basic position in American foreign policy has been that America must defend its foreign interests related to Weegy: 15 ? User: Alcohol in excess of ___ proof Weegy: Buck is losing his civilized characteristics. Which of the following statements is true of concurrent authority? Which of the following statements is true of the scenario? If you are involved in a case where you believe that your constitutional rights have been violated due to the Doctrine of Preemption, you should absolutely seek out a well qualified and knowledgeable government lawyer. 6 2/3 art. Another basic concept embodied in the Constitution is federalism, which refers to the division and sharing of power between the national and state governments. Police officers search her house without a warrant and find the missing article. The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. Field preemption is a powerful tool that an experienced attorney may use to assist you. The amendment is not clear about what the powers of the states are. Similar to federal and state laws, state laws will usually prevail when state and local laws are in conflict. Incorrect: Which statement best describes American Federalism since the 1930's? A) The First Amendment protects Royyal Blue's right to corporate political speech if it can be shown that their business or corporate assets were not materially affected. The following statements about description is true: Description is appropriate only in narrative and descriptive writing. The Supreme Court in National Federation of Independent Business v. Sebelius held that the Affordable Care Act (ACA) was constitutional because of the _____, but Texas has sought to strike down the ACA in federal courts ever since the 2017 tax cuts eliminated the _____ requirement that had penalized Americans with no insurance coverage. The idea of states having "police powers" does not mean giving more power to the police; rather, it includes multiple aspects of public policy such as which of the following? Federalism is most closely related to which other constitutional principle? It recognized the right of the state of Texas to determine its own education facilities. U.S. Const. National defense. Which of the following is a direct result of the division of powers in federalism? As such,some states have outlawed implied preemption. Which of the following statements is true about this scenario? In order to understand the Doctrine of Preemption, you must understand Article VI of the United States Constitution, also known as the Supremacy Clause.. User: 3/4 16/9 Weegy: 3/4 ? = 2 5/20 Correct: President _____ originated the thinking that led to New Federalism, but the most significant changes associated with the era were made under the administration of President _____. Regulate adoption. TTD Number: 1-800-537-7697. &\underline{\textbf{Year 2}}&\underline{\textbf{Year 2}}\\ The states and national government held distinctly separate areas of sovereignty. Read this excerpt from the dissenting opinion of Justice Louis Brandeis in New State Ice Co. v. Liebmann, and select the passage that characterizes how the federal system allows flexibility in dealing with local and regional issues. > For Professionals D) The rational basis test is applied when there is no class-based suspect classification. Inquizitive Ch. 1. Which examples best demonstrate the concept of federal preemption? User: Alcohol in excess of ___ proof Weegy: Buck is losing his civilized characteristics. Description applies only to things you can see here taste touch or smell. art. > 399-Does the HIPAA Privacy Rule preempt state laws. = 2 5/20 Brooke's attorney argues that this cannot be used as evidence as it was obtained without a warrant to search her residence. Government officials are granted a search warrant only when they can show probable cause to believe that the search will turn up the specified evidence of criminal activity. ) 55) Rules declared by federal administrative agencies cannot be considered as federal laws. Weegy: Most of the volcanic activity that occurs in the Ring of Fire is a result of the: subduction of one plate under another.User: according to the theory of isostasy, which statement must me true?Weegy: The asthenosphere is denser than the lithosphere. The National Environmental Policy Act (NEPA) was signed into law on January 1, 1970. According to City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), if significant interests for a particular issue may vary from locality to locality, courts will presume that they should favor the validity of the local ordinances against state preemption, unless the sate statute expressly forbids the ordinance. User: True or False. Another example is, if a state legislature enacts. Course Hero is not sponsored or endorsed by any college or university. LegalMatch Call You Recently? Law Practice, Attorney Inspecting day-care centers. Congress so heavily occupies the field of ocean fishing, that any state or local laws that frustrate the purpose of the national standards for fishery management will be struck down. Using a graphic organizer, explain the basic similarities and differences between counterconditioning and operant conditioning. A September 2019 report by the Leadership Conference on Civil and Human Rights found that the state of Texas had 750 fewer polling places available to voters in counties with rapidly growing minority populations in 2018 than it had in 2012 and that the state had passed a new voter ID law that had to be reworked after federal courts found that it disproportionately affected voters of color. The rights of states are protected in which of the following ways in the U.S. Constitution? trade has reduced the elephant population of Africa to a fraction of what it once was due to rampant poaching is the best example of a statement of subject.
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