QUIZ-The explosion of government regulation in the United States has witnessed an …..

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