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Question
Whether express preemption exists depends on congressional intent.Answer
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Related questions
Q:
A clause in a federal law providing that the law "does not exempt any person from any liability under common law" is known as aA. preemption clause.B. a savings clause.C. an exemption clause.D. a liability clause.
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The powers of states to enact laws is found inA. the First Amendment. B. the Fifth Amendment. C. the Tenth Amendment.D. the Fourteenth Amendment.
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The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.
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A federal law can impliedly preempt a state law.
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A federal law can preempt not only a state legislative enactment but also a state common law right to sue.
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Ultimately, the determination of the constitutionality of state laws is up to the U.S. Supreme Court.
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The Supreme Court believes that national security alone justifies a president's suspension or termination of basic constitutional rights.
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The president shares war powers with Congress.
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At one time, the Supreme Court held that the income tax was a direct tax, and because it was not in proportion to state population, it was unconstitutional.
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Taxpayers often have difficulty pursuing court cases dealing with tax laws becauseA. tax issues are rarely ripe.B. tax issues are usually moot.C. taxpayers often lack standing.D. tax issues usually involve political questions.
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The Rule of Four refers toA. the number of justices required to grant a petition for writ of certiorari.B. the number of justices required to win a case in the Supreme Court.C. the number of justices who hear Supreme Court cases.D. the number of justices who hear cases in the Courts of Appeals.
Q:
Diversity of citizenshipA. constitutes a basis for federal court jurisdiction under the Constitution.B. refers to controversies between citizens of a state and citizens of a foreign country.C. refers to controversies between citizens of different states.D. All of the above.
Q:
The concept that citizens of the United States would be subject to two governments, state and national is known asA. federalism.B. separation of powers.C. nationalism.D. state's rights.
Q:
Three important concepts upon which the U.S. government was formed areA. liberty, democracy, and federalism.B. executive, judicial, and legislative.C. federalism, separation of powers, and checks and balances.D. checks and balances, liberty, and democracy.
Q:
U.S. representatives serve four-year terms.
Q:
Congress has both express and implied powers to enact laws.
Q:
The Preamble is not really part of the Constitution; it is just an introduction to the Constitution.
Q:
Officer Smith uses a thermal imaging device to try to detect if unusual heat is coming fromJones's house. He does not have a warrant. This conduct isA. probably an illegal search because the officer needs a warrant in this case.B. probably not illegal because this is not a search.C. probably not illegal if Officer Smith in good faith believes he can do this.D. probably not illegal because any heat coming from the house is in plain view.
Q:
If police have a search warrant that appears to be valid, but for some reason is not, evidence found while executing the warrant might be admissible in court because ofA. the Good Faith Exception.B. the Impeachment Exception.C. an Independent Source or inevitable discovery.D. the Attenuation Exception.
Q:
In Griswold v. Connecticut, 381 U.S. 479 (1965), the Court invalidated a law that made it a crime to give information or advice about contraceptives to married persons.
Q:
The Constitution does not provide a specific right to privacy; privacy is included in the protections afforded to "liberty."
Q:
Denial of unemployment benefits by the state was allowedA. when an individual was terminated from work for refusing to work on the Sabbath.B. when an individual was terminated for religious use of peyote.C. when an individual quit a job rather than work in an armament section of a factory, which was against his religious beliefs.D. Denial of unemployment benefits was allowed in all of the above.
Q:
Which of the following is notone of the criteria required for a belief or creed to be considered a religion?A. There must be a belief in an orthodox God.B. The religion must incorporate a moral code that goes beyond individual belief.C. There must be some associational ties, some group of people brought together by common beliefs.D. The belief must be sincere.
Q:
The Supreme Court found that reimbursing the parents of Catholic school students for the cost of busing their children to schoolA. was an unconstitutional violation of the Free Exercise Clause.B. was an unconstitutional violation of the Establishment Clause.C. was constitutional because it was primarily public welfare legislation, not direct assistance to religion.D. was constitutional because it did not involve the federal government.
Q:
The Establishment Clause of the First AmendmentA. establishes Christianity as the religion of the United States.B. establishes belief in God as an important aspect of the Constitution.C. prohibits the government from establishing any religion.D. prohibits the government from interfering in the exercise of any religion.
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Religion is defined as any belief in God.
Q:
The Supreme Court held that a clergy-led prayer at a high school graduation ceremony was unconstitutional.
Q:
According to the Supreme Court, a student's First Amendment rights were violatedA. when a school prohibited the wearing of armbands as a method of protest.B. when a school punished students for lewd comments.C. when a school censored a school newspaper.D. According to the Supreme Court, students have no First Amendment rights.
Q:
If defamation is directed to a private person but relates to a matter of public concern,A. the plaintiff in a lawsuit must show actual malice to receive any damages.B. the plaintiff in a lawsuit must show actual malice to receive punitive damages, but not general damages.C. the plaintiff in a lawsuit must adhere to the same standards as a public figure or public official.D. the plaintiff in a lawsuit is not limited in any way by the First Amendment.
Q:
Defamation has no First Amendment protection unlessA. the person defamed is a public figure.B. the person defamed is a public official.C. the subject matter is one of public concern.D. All of the above.