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




Question;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


Paper#55371 | Written in 18-Jul-2015

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