What is the principle of preemption, which arises from the supremacy clause?

Correct answer: It occurs when Congress chooses to act exclusively in an area, and a valid federal law will take precedence over a conflicting state law.

Explanation

This question tests the understanding of federal preemption, a doctrine rooted in the Supremacy Clause, where federal law supersedes conflicting state law when Congress has legislated in a particular area.

Other questions

Question 1

Under the U.S. Constitution, what is the term for state regulatory powers that give states the authority to regulate private activities to protect or promote public order, health, safety, morals, and general welfare?

Question 2

What does the privileges and immunities clause in Article IV, Section 2 of the Constitution prevent a state from doing?

Question 3

Which clause in the U.S. Constitution ensures that 'Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State,' applying only to civil matters?

Question 4

In the landmark 1824 case of Gibbons v. Ogden, how did the Supreme Court interpret the power of the national government under the commerce clause?

Question 5

What is the concept of the 'dormant' commerce clause?

Question 7

The first ten amendments to the U.S. Constitution, which were adopted in 1791, are commonly known by what name?

Question 8

What is the legal status of symbolic speech, such as gestures, movements, and articles of clothing, under the First Amendment?

Question 9

Which of the following is NOT a form of unprotected speech under the First Amendment?

Question 10

What does the establishment clause of the First Amendment prohibit the government from doing?

Question 11

What does the free exercise clause of the First Amendment guarantee?

Question 12

Under the Fourth Amendment, what is the standard law enforcement officers must meet to convince a judge to issue a search warrant?

Question 13

How does the Fifth Amendment's guarantee against self-incrimination apply to business entities like corporations and partnerships?

Question 14

Which level of scrutiny is applied by courts in equal protection cases involving discrimination based on gender or legitimacy?

Question 15

To be valid under the 'rational basis' test for equal protection, a government classification must do what?

Question 16

What is the key difference between substantive due process and equal protection?

Question 17

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was passed by Congress primarily to address which privacy concern?

Question 18

Which constitutional amendment is primarily used to apply the protections of the Bill of Rights to state governments?

Question 19

In the case of Granholm v. Heald, the U.S. Supreme Court addressed state laws regulating direct wine shipments. What was the Court's conclusion regarding these laws?

Question 20

What is the three-part test a court will generally use to determine if a restriction on commercial speech is constitutionally valid?

Question 21

In Gonzales v. Raich, what did the Supreme Court decide regarding the federal government's authority to regulate medical marijuana under the commerce clause?

Question 22

Which constitutional provision gives Congress the power 'to pay the Debts and provide for the common Defence and general Welfare of the United States'?

Question 23

What type of due process requires that any government decision to take life, liberty, or property must be made equitably, giving the person proper notice and an opportunity to be heard?

Question 24

Which of the following describes a law that would most likely be reviewed under the strict scrutiny standard of the equal protection clause?

Question 25

The USA Patriot Act, passed after the terrorist attacks of September 11, 2001, primarily affects privacy rights by doing what?

Question 26

According to the Supreme Court's decision in the Bad Frog Brewery case, why was the NYSLA's denial of the beer label application unconstitutional?

Question 27

What is the system of 'checks and balances' in the U.S. Constitution designed to do?

Question 28

In the context of the Fourth Amendment, which of these situations typically does NOT require a search warrant for a government inspection?

Question 29

According to the Seventh Amendment, the right to a trial by jury is guaranteed in a civil case if the amount in controversy exceeds what amount?

Question 30

When a court applies substantive due process to a law that limits a fundamental right, what must the state demonstrate to justify its action?