BSAD 230 Chapter 4

Which of the following is correct regarding the use of expertise in administrative agency decision-making?

An administrative agency has the ability to develop a reservoir of regulatory expertise.

According to the Administrative Procedure Act of 1946, who makes a preliminary decision when an administrative agency decides a case?

An administrative law judge

A state law lowers the speed on interstate highways to 25 miles per hour. This law will be valid unless it

Burdens interstate commerce

Suppose that South Carolina mandates student prayer in all of its public schools. This would violate the ______ Clause of the United States Constitution.

Establishment

Suppose the federal government declares Catholicism as the "official religion" of the United States of America. This would violate the ______ Clause of the United States Constitution.

Establishment

Freedom of speech is guaranteed by the ______ Amendment to the United States Constitution.

First

The First Amendment to the United States Constitution incorporates which of the following protections?

Freedom of speech The Free Exercise Clause The Establishment Clause

Which of the following is not an independent administrative agency power?

Imminent domain

Independent administrative agencies have the power to do which of the following?

Investigate Make rules Adjudicate violations of their rules

A state statute limits the height of signage for private establishments. A religious group would like to erect a cross taller than the signage height limit. Does the religious group break the signage law?

No, the signage law is neutral on religion

In the context of equal protection, which of the following is/are correct regarding the Due Process Clause of the Fifth Amendment to the United States Constitution and the Fourteenth Amendment to the United States Constitution?

State governments are mandated to treat like cases alike. States are prevented from arbitrarily discriminating against persons. The federal government is mandated to treat like cases alike. The federal government is prevented from arbitrarily discriminating against persons.

Which of the following is an example of an executive administrative agency?

The Occupational Safety and Health Administration

The First Amendment to the United States Constitution would prevent which of the following?

The government prohibiting a peaceful political protest

Identify the factors that are needed to make a state statute constitutional under the dormant commerce clause.

The state statute must further a legitimate state interest. The state statute must not impose costs on interstate commerce that are more excessive than necessary to bring about the state interest.

Independent administrative agencies are given their authority by the ______.

United States Congress

The federal power to regulate interstate commerce comes from the _____.

United States Constitution

Executive administrative agency heads are appointed by the ______.

United States president

Each of the following is a state action except _____.

a civil suit for infringement of a protected trademark

The Fifth and Fourteenth Amendments to the United States Constitution provide for ______.

both procedural and substantive due process

The United States Constitution provides for checks on "state action," which relates to the actions of ______.

both the federal and state governments

The mandate of equal protection applies to ______.

both the federal and state governments

Administrative agencies ______.

can make rules quicker than legislatures can make laws are often more efficient at handling disputes or violations than the court system are better-suited to deal with the problems of a rapidly changing environment

Restrictions on the time, place and manner of protected speech under the first amendment will be upheld if they which of the below?

content neutral leaves other channels of communication narrowly tailored to serve a significant government interest

If a municipality prevents the use of loudspeakers in all residential areas, this law must be ______.

content neutral, narrowly tailored to serve a significant government interest, and leave open ample alternative channels for communication

A federal administrative agency's rule-making authority is ______ the United States Congress.

delegated by

Rational basis scrutiny will be applied when the law at issue discriminates based only on ______ interest.

economic

An administrative agency's rule-making power is derived from the ______ legislation enacted by the United States Congress for the creation of the agency.

enabling

Under the US Constitution, the federal government has _____________ power to regulate foreign commerce.

exclusive

Administrative agencies are part of the ______ branch of government.

executive

If the United States Congress enacts a law that conflicts with a state law related to interstate commerce, the state law is ______.

expressly preempted

The United States Constitution protects against the actions of ______.

federal and state governments

The Religious Freedom Restoration Act applies to ______.

federal laws

Fundamental rights are those provided ______.

in the Bill of Rights

A county zoning board classifies an area as residential and this prevents a religious group from building a church in their planned location. The religious group believes this is a violation of the Free Exercise Clause of the United States Constitution. The group is ______.

incorrect because the zoning law is neutral regarding religion

An _____ administrative agency is not really part of the executive branch of the federal government and under the control of the United States president; instead, it is headed by a board or commission.

independent

Laws that restrict commercial speech are analyzed under ______ analysis.

intermediate scrutiny

The federal government has the power to regulate ______ commerce, while the states have the power to regulate ______ commerce.

interstate; intrastate

An administrative agency performs many functions, including ______.

issuing regulations that have the force of law investigating and prosecuting violations of statutes

A county enacts a zoning law that prevents A1 business from utilizing their property in for a commercial application, this is a

legal restraint on the use of land

Under the Administrative Procedure Act of 1946, when an agency performs investigative, rule making and adjudicatory functions, these ______.

must be handled by separate divisions of the agency

The highest level of First Amendment protection applies to ______ speech.

noncommercial

The First Amendment Establishment Clause ______.

prevents the government from establishing a national religion

The First Amendment Free Exercise Clause ______.

prohibits governmental interference with religion

The First Amendment Free Exercise Clause prevents laws that ______.

specifically restrict the practice of religion

The Religious Freedom Restoration Act requires federal laws that substantially burden the exercise of religion be subjected to ______ scrutiny.

strict

Arbitrary or unreasonable government interference with life liberty or property rights is a violation of ______.

substantive due process

John is imprisoned with out a trial. This is a violation of ______.

substantive due process

Mark's vehicle is seized without a trial or hearing, this is a violation of

substantive due process

The federal government is precluded from depriving individuals of due process by ______.

the Fifth Amendment to the United States Constitution

Under strict scrutiny analysis, the state or federal law at issue will be presumed invalid unless ______.

the government can prove there there is a compelling interest and the law is the least intrusive manner to achieve that interest

A state law prevents prevents Acme, Inc. from building its manufacturing facility in Arizona, and Acme, Inc. sues Arizona as a result. The state law will be upheld unless ______.

there is no rational basis for the law

Commercial speech is entitled to first amendment protection if it is ______.

truthful

A law that restricts noncommercial speech and serves a compelling government interest but is overly broad will be

unconstitutional

The Takings Clause of the United States Constitution prevents the taking of personal property ______.

without just compensation