Answered step by step
Verified Expert Solution
Link Copied!

Question

...
1 Approved Answer

Under authority delegated from Congress, the Federal Communications Commission puts out new administrative rules that regulate the practices of Internet Service Providers as they relate

Under authority delegated from Congress, the Federal Communications Commission puts out new administrative rules that regulate the practices of Internet Service Providers as they relate to consumer privacy. Assume that Congress overturns these rules under the Congressional Review Act, but that Governor Steel of Ohio thinks that the rules have merit. Acting under his authority as Governor, he issues an executive order telling Ohio Internet Service Providers to adhere to the now voided federal guidelines and ignore Congress's actions. In response, Congress passes a new law called the "Consumer Privacy Bill of Rights" that contradicts Ohio's approach. Which law wins?

Neither law wins; when laws conflict, both are automatically void under the Preemption Clause.

Governor Steel's executive order wins, since executive actions always trump Congressional rulemaking under the Preemption Clause

Congress wins, since federal law trump contrary state executive actions under the Preemption Clause

It is impossible to say under the facts provided

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Statistics For Engineers And Scientists

Authors: William Navidi

3rd Edition

9780073376332

Students also viewed these Law questions