Assignment:
1. Identify the three governmental levels that are the sources of law that can and do regulate business.
2. Generally, how is each branch of these levels of government organized? Provide a brief description of the function each of the branches identified.
3. What is an administrative agency? How is an administrative agency created. What branch(es) of government are involved in the creation and operation of an administrative agency?
4. Give an example of an administrative agency and identify what level of government created it.
5. Identify the document that governs the role and function of government in the United States. Can the government act in violation of this document?
6. Which public body has the final say as to what this document means and therefore what government can and cannot do? Discuss an example of this public body determining what government can or cannot do.
7. Can this document be amended? If so, describe the process which is utilized to change this document? Has this occurred previously? If so, provide one example when it has been changed.
8. In what document is the Supremacy Clause found? What does this clause say and what does it mean? What is the significance of this clause?
9. Do regulations issued by federal administrative agencies fall within the scope of the Supremacy Clause? If so, what is the significance of that?
10. Review and respond to items a, c & d of the "which source of law takes priority" link.
11. In what document is the Commerce Clause found? What does this clause say and what does it mean? What is the significance of this clause.
12. Can state governments regulate commerce in such a way that burdens or impedes commerce between the states? Why or why not?
13. Can any branch of government regulate commerce between the states? Which one?
14. Review and respond to the Commerce Clause hypo. Think about why the trucking industry would allow or maybe even desire two states to enact such regulations.
15. Which source of law take priority in each of the following situation?
a. A federal statute conflicts with at state constitution.
b. A state statute conflicts with the common law of that state.
c. A state constitutional amendment conflicts with the US Constitution,
d. A federal administrative regulation conflicts with a state constitution.