Supremacy clause Study guides, Class notes & Summaries

Healthcare Law 1 Question and answers rated A+ 2023/2024One of the "enumerated powers" listed in the U.S. Constitution that allows Congress to regulate commerce with foreign nations and among the states. Judicial Power res judicata Supremacy Clause Commerce Clause - correct answer commerce clause What does PPACA stand for? - correct answer patient protection and affordable care act

Supremacy Clause - correct answer -If a conflict exists between federal and state law, federal law prevails Preemption Doctrine - correct answer -(Based on supremacy clause) Federal law preempts state law, even when the laws conflict Orphan drugs - correct answer -Drugs that treat a condition with a relatively small number of sufferers Natural Monopoly - correct answer -Occurs when the fixed costs of providing a good are high relative to the variable cost; so the average cost declines o...

Mculloch v Maryland - ️️- constitution has right to enact laws beneficial to country, in this case, central bank Marbury v Madison - ️️- John Marshall enacted judicial review. Was regarding james madisons appointments after he was out of office Gibbons v Ogden - ️️- Each had a permit, one federal, and one state, this ruling set up the supremacy clause that federal law takes priority Dred Scott vs Sandford - ️️- Each had a permit, one federal, and one state, this ruling s...

US Court Cases Latest Update Already Passed Marbury v. Madison Established judicial review; midnight judges; Justice John Marshall; power of the Supreme Court. McCulloch v. Maryland Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; Justice John Marshall; the power to tax involves the power to destroy. Gibbons v. Ogden Established a broad interpretation of the Commerce Clause; determined Congress power encompassed virtual...

What are the 3 sources of law? correct answer: Constitutional, Statutory, Common Common Law correct answer: Judge-made, Referred to as Case Law, brought over by England, a lot of common law has been codified in state statutes Statutory Law correct answer: Written laws. Declares, commands, or prohibits something. Specific. Constitutional Law correct answer: Basic law of the land. Supreme law of the land. Protects the individual from the government. Only government officials can viola...

WGU C233 Employment Law Topics 1 & 2 Already Passed Supremacy Clause Mandates that the constitution, federal laws, treaties and federal regulations are the highest laws above the land and are priority over state laws. Stare Decisis Doctrine of a court following the precedent of an earlier court. Judicial Review Power of the Supreme Court to consider whether a law comports with the consititution. Respondeat Superior Employer is only responsible for the employee action performe...

Common Law - law derived from judicial decisions instead of from statutes English Common Law - most U.S. states have reception statutes/ you can rely on English common law in the U.S. Articles of Confederation - Weak central government, w/ 3 broad limitations: 1. economic disorganization 2. lack of central leadership 3. legislative inefficiencies Constitution aimed to address: - 1. Separation of Powers (3 branches) 2. Checks & Balances 3. Federalism (Supremacy Clause) Federalism - gove...

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be - rendered invalid under the supremacy clause. What constitutional principle requires that similarly situated people be treated similarly by government? - Equal protection A state constitutional provision conflicts with a valid federal statute. Under the Supremacy Clause: - the federal ...

Enumerated Powers - - Specific powers given to Congress - Stated under Article I, section 8 - necessary and proper clause - implied powers Reserved powers - -10th Amendment - Powers not delegated to the national government are reserved to the States or to the people - Forms the basis for many state laws - As long as the powers are not explicitly given to the national government and the Supreme Court has not deemed such a law unconstitutional Extradition clause - - Requires state to (ret...

law - Answer- set of rules for human behavior which are established by legitimate authority precedent - Answer- controlling rule, example or guide which provides framework for other judges to follow stare decisis - Answer- the doctrine of a court following precedent of an earlier court constitution - Answer- supreme law of the land judicial review - Answer- power of courts to determine if law follows constitution supremacy clause - Answer- constitution, federal law, federal regula...