CON Law Quiz

The ability of the Interstate Commerce Commission to establish intra-state railroad rates for freight.

The ability of the Federal Trade Commission to impose uniform prices for poultry in the New York market.

The efforts by Shreveport Sugar Company to acquire a monopoly of sugar refining in the U.S., in violation of the Sherman Anti- Trust Act.

The regulation of wheat production under the Agricultural Adjustment Act of 1934.

Out of state drug manufacturers can fulfill prescriptions by shipping directly to consumers.

Congress can use the Commerce Clause to create a private action against drug manufacturers who supressed information regarding adverse health effects of their products.

States may not directly regulate cigarettes as a nicotine- delivery device

None of the above.

“Channels” of interstate commerce.

“Financial transactions” intrinsic to interstate commerce.

“Instrumentalities” of interstate commerce.

Activities with a “substantial relation” to interstate commerce.

The doctrine that national law enforcement officials cannot require the cooperation of local law enforcement officials

The extensive authority that resides within states to protect the health, safety and welfare of the community

The emergency powers of the president during natural disasters or in the event of war.

The ability of the federal government to use its powers under the commerce clause to protect the health, safety and welfare of the nation.

Upheld the efforts by Roosevelt’s Administration to ensure “labor peace” within the coal industry as a legitimate, temporary emergency measure.

Declared that state efforts to regulate the harsh conditions of coal mining was a violation of Carter Coal Company’s Substantive Due Process rights

Struck down the Federal government’s efforts in the New Deal era to regulate the coal industry because the mining of coal is production, not commerce, and cannot be regulated under the Commerce Clause.

Followed West Coast Hotel v. Parrish and confirmed the Supreme Court’s acceptance of the constitutional legitimacy of the New Deal

The fact that 24 of Ollie’s 36 employees were African-Americans and therefore subject to wage minimums and maximum working hour regulations as approved in U.S. v. Darby meant that Congress could bar discrimination in restaurant seating as well.

The fact that a substantial portion of the food served at Ollie’s had moved in interstate commerce.

The fact that Ollie’s Barbeque held both a business license and a liquor license rendered it subject to national police powers.

The fact that it was located in a railroad station made it an important ancillary service to interstate travelers.

Congress may not create a private right of action in order to achieve social policy.

She had no standing under the 1964 Civil Rights Act, which used the Commerce Clause to ban gender discrimination in higher education.

The Supreme Court ruled that Congress may not regulate noneconomic, violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerce.

The statue in question imposed a double jeopardy on Morrison, rendering him subject to both civil and criminal sanctions.

As a large-scale producer, his operations had a close and substantial relation to the national market in wheat and thus were subject to Congressional regulation.

The cumulative effects of allowing farmers like Filburn to consume their over-quota wheat would significantly affect the national price in wheat and leave the national government unable to regulate that market.

Agricultural production is not manufacturing and, therefore, subject to Congressional regulation.

His inferior quality wheat was damaging to the health, safety and welfare of the public.

Congress may ban the interstate shipment of goods produced with child labor of their “morally noxious” character.

Intra-state railroad pricing must not discriminate against inter-state railroad traffic.

Manufacturing is not commerce.

Goods made with child labor are themselves harmless and their interstate shipment cannot be banned.

Gibbons v. Ogden: The federal Constitution operates on a principle of dual federalism, in which states and the national government share important fundamental powers.

McCulloch v. Maryland: The Constitution is only a general blueprint and cannot be expected to anticipate all political and legal contingencies.

Scott v. Sanford: The Constitution accepts slavery and therefore creates a property right in slaves that must be respected by all states.

Lochner v. New York: The Constitution does not specify the kind of economic order we shall live in; that is a decision left up to democratically-elected officials.

Lochner defined due process in terms of individual rights while West Coast Hotel ruled that due process involved government regulation in the interest of the community

Lochner used the commerce clause to expand the power of the national government while West Coast Hotel interpreted the commerce clause in favor of states' rights

Lochner used Marshallian principles of Federalism to expand national police powers while West Coast Hotel limited national police powers

Lochner employed cumulative effects doctrine to expand national power over commerce while West Coast Hotel limited the national government's ability to regulate commerce.

Caminetti v. U.S.: Distinction between interstate transport of immoral goods and the transport of persons for immoral purposes

Hammer v. Dagenhart: The Court made a distinction between the interstate commerce of goods that, though produced by objectionable means, are themselves harmless, and goods that are inherently harmful.

U.S. v. Darby: The Court made a distinction between goods that were produced through objectionable means but sold intrastate, and goods made in the same way but sold interstate.

Muller v. Oregon: The Court took into consideration the other functions workers were expected to perform outside the work environment.

"Channels" of interstate commerce

"Financial transactions" intrinsic to interstate commerce

"Instrumentalities" of interstate commerce

Activities with a "substantial relation" to interstate commerce

Congress may not create a private right of action in order to achieve social policy

She had no standing under the 1964 CRA, which used the Commerce Clause to ban gender discrimination in higher education

The Supreme Court ruled that Congress may not regulate the noneconomic, violent criminal conduct based solely on that conduct's aggregate effect on interstate commerce

The statute in question imposed a double jeopardy on Morrison, rendering him subject to both civil and criminal sanctions.

McCulloch v Maryland

Lochner v. NY

Frothingham v. Mellon

Marbury v. Madison

Insurance spreads the cost of crime throughout the population

Violent crime deters travelers from areas of the country perceived as unsafe

The presence of guns in schools poses a substantial threat to the educational process by threatening the learning environment

Mandating metal detectors in public schools is unconstitutional