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Wasn't sure about these questions, appreciate any help on them! 12. a. A federal statute will preempt a state statute: Always because the U.S. Constitution
Wasn't sure about these questions, appreciate any help on them!
12. a. A federal statute will preempt a state statute: Always because the U.S. Constitution is the supreme law of the land and the states can never regulate issues regulated by Congress b. Only if the federal statute expressly indicates that it preempts all other state law or reflects Congress' intent to exercise sole regulation of the issue Only if the federal statute is consistent with the state statute d. Never, because states have authority to regulate commerce within their state c. 13. a. When determining whether an in-state statute that burdens (i.e. discriminates against) out-of-state business' property interest violates the Commerce Clause, a court will consider which of the following? Whether the activity being regulated has a substantial effect on interstate commerce b. Whether the state is depriving the out-of-state business interest without due process Whether the state has provided just compensation for the burdened property interest d. Whether the statute serves a legitimate local purpose, and no less discriminatory alternatives exist c. 14. so Student protesters want to protest a tuition increase at a local community college. The community college does not allow student protesters to hold a rally in classroom buildings (hallways) during scheduled classes. The community college's policy most likely: Violates free speech rights because the students' speech is political speech b. Violates free speech rights because it is consistent with contemporary community standards Does not violate free speech rights because it is a reasonable time, place, manner restriction d. Does not violate free speech rights because the students' speech concerns commercial issues a. c. 15. a. When deciding whether it is Constitutional for a state university to waive application due dates requirements for active military members, a court likely will apply which standard of review: No review standard, because a state university is not required to adhere to the Constitution b. Rational Basis Test Strict Scrutiny d. Intermediate Scrutiny cStep by Step Solution
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