If a person has been discriminated by the government on the basis of the fact that he/she is an illegitimate child, the regulation will be evaluated under:
A) due process
B) intermediate scrutiny
C) strict scrutiny
D) rational analysis
2.
The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:
A) limiting a state's ability to tax vendors
B) limiting the states from furthering only state interests
C) prohibiting state laws that openly discriminate against interstate commerce
D) prohibiting state legislation that unduly burdens intrastate commerce
3.
Which of the following likely would disqualify the definition of "public use" under the government's power of eminent domain?
A) Seizure of private land to sell it to a private developer who aims to make profit from it
B) Seizure of private land by the government to build a new city hall
C) Seizure of private land by the government to build a public road
D) Seizure of private land by the government to build a mall for the public
4.
Commercial speech, under the First Amendment, is:
A) subject to intermediate scrutiny unlike political speech
B) completely unregulated unless it is put in writing
C) subject to strict scrutiny just like political speech
D) completely suppressed regardless of it being misleading or truthful
5.
The federal government has the exclusive right to regulate all _____ of the United States.
A) private and government action
B) intrastate commerce
C) foreign commerce
D) domestic commerce
6.
Under the Equal Protection Clause:
A) states are prohibited from arbitrarily discriminating against persons
B) states are prohibited from discriminating only on the basis of nationality
C) the government must treat all cases alike
D) the government can uphold restrictions on property
7.
Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution?
A) It prohibits any state from arbitrarily discriminating against persons
B) It does not contain the substantial due process clause
C) It applies only to the federal government
D) It does not contain the procedural due process clause
8.
The independent agencies often exercise _____ to gain access to witnesses and documentary evidence, as many people will not voluntarily cooperate with information requests.
A) a coercive power
B) the power of eminent domain
C) an enforcement
D) a subpoena power
9.
If the U.S. Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law which conflicts with the federal law, Kentucky's law is said to be:
A) expressly preempted
B) void-for-vagueness
C) prevailing
D) impliedly preempted
10.
Under rational basis analysis:
A) courts will deem a government action unconstitutional when the action impinges on a fundamental right
B) a government action will be upheld as long as it has a reasonable relationship to the achievement of a legitimate purpose, even if those provisions are foolish
C) discrimination on the basis of economic interest will receive highest scrutiny
D) discrimination on the basis of a suspect category will receive highest scrutiny
11.
In the case of a taking, just compensation is defined as:
A) the fair market value of the property if it were to be sold to a developer
B) the current fair market value plus any expected future value from the taking
C) the fair market value of the property plus its sentimental value
D) the current fair market value of the property involved in the taking
12.
The power of the states to regulate is:
A) exclusive in the domain of interstate commerce
B) exclusive in the domain of intrastate commerce
C) nonexistent over matters that affect interstate commerce
D) limited only by its own state constitution
13.
If the governmental action has a reasonable relationship to the achievement of a legitimate purpose, it is declared constitutional under:
A) intermediate scrutiny analysis
B) rational basis analysis
C) strict scrutiny analysis
D) suspect classifications
14.
_____ protects people from arbitrary government interference with their life, liberty, or property rights.
A) Procedural due process
B) Due process clause of the Sixth Amendment
C) Equal Protection Clause of the Fifteenth Amendment
D) Substantive due process
15.
The primary components of the Takings Clause are:
A) a compelling government purpose; conditional compensation
B) a taking; for a public purpose; the private property owner is entitled to just compensation
C) a taking for eliminating urban blight, with minimal compensation
D) a taking; justified by the supremacy clause; compensation rarely required
16.
One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must:
A) not discriminate in favor of local interests and against out-of-state interests
B) allow only direct, not incidental, regulation of interstate commerce
C) impose costs on interstate commerce that are more excessive than necessary to bring about the state interests
D) not further a legitimate local interest
17.
The courts will overturn the independent agency's action when:
A) an agency's rulemaking does not exceed its regulatory authority
B) an agency's rules are unwise, though it does not exceed its regulatory authority
C) the court does not set out adequate guidelines for agency action
D) the agency decisions are arbitrary and capricious
18.
The explosion of government regulation in the United States has witnessed an accompanying social phenomenon of great importance which is:
A) the creation and widespread use of administrative agencies
B) the creation of the CAN-SPAM ACT
C) the creation of antitrust laws
D) the creation and widespread use of the Federal Trade Commission
19.
State power is restricted by:
A) due process and equal protection scrutiny
B) the Commerce Clause of the U.S. Constitution
C) procedural due process clause
D) the equal protection clause
20.
Which of the following is true of the Takings Clause?
A) It requires the government to buy private property for private developers
B) It requires the government not to pay private property owners any compensation
C) It is triggered by the power of eminent domain
D) It is triggered by the power of just domain
21.
Strict scrutiny:
A) is the analysis employed by the court in a case involving commercial speech
B) is the analysis employed by the court in deciding an equal protection case involving discrimination on the basis of race
C) is the analysis employed by the court when suspect classifications are not in question
D) is a test of constitutionality that is satisfied if the challenged government action bore a reasonable relation to a legitimate government purpose
22.
Administrative agencies:
A) are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functions
B) rarely have both the power to issue regulations and the power to investigate when such regulations have been violated
C) are, in theory, part of the judicial branch of government, but they may also perform legislative and executive functions
D) may make regulations that are advisory in nature, but cannot make regulations that have the force of law
23.
Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:
A) it is pursuing a governmental end in the most intrusive manner
B) it is pursuing a compelling government interest
C) there is no restriction on commercial speech
D) its action bears a rational relationship to its desired end
24.
When regulatory reforms interfere with the exercise of individual rights, they are subject to:
A) strict scrutiny analysis, irrespective of the level of interference
B) both a substantive and a procedural due process challenge
C) only a substantive due process challenge
D) only a procedural due process challenge
25.
Which of the following prohibits the federal government from depriving any person "of life, liberty, or property, without due process of law"?
A) The Fourteenth Amendment Due Process Clause
B) The Commerce Clause
C) The Fifth Amendment Due Process Clause
D) The Seventh Amendment
26.
Many of the administrative agencies have the power to:
A) make laws
B) adjudicate disputes involving alleged violations of the Commerce Clause
C) conduct trials involving juries
D) issue regulations that have the force of law