Constitutional Law - Federalism

Question 1

Hierarchy of Laws

Answer 1

1) Constitution
2) Act of Congress
Treaty (most recent rules)
3) Executive Agreement - foreign policy/affairs
Executive Orders - domestic policy
4) State Law

Question 2

Congressional Delegation of Powers

Answer 2

Congress may delegate the task of implementing its laws to governmental agencies. Allows Congress to indirectly monitor an area in which it has passed laws w/o becoming bogged down in enforcement details. Valid if:

1) Congress passes enabling legislation (state or federal)
2) Specifies the purpose, functions, and powers
3) Describes the procedures of the agency

Question 3

Preemption Doctrine

Answer 3

Any state law in an area where Congress intends to occupy the field is unconstitutional.

Question 4

Superceding Doctrine

Answer 4

A federal law will supersede any state law in direct conflict.