CH5: Constitutional Law

Which of the following are sources of administrative law? Choose 3 answers.

- Agency opinions - Agency regulations - Executive orders

Which of the following statements explains the formation and purpose of a federal administrative agency? Choose 2 answers.

- An administrative agency is formed by enabling legislation that also provides the authority to establish regulations that will implement and enforce the law. - Most federal administrative agencies are subject to the authority of the president, but some are independent.

What restrictions on business speech are allowed by the First Amendment?

- Limitations on advertisements for alcohol - Some advertising venues for tobacco

What authority does the federal government have under the Commerce Clause?

- To regulate commerce on the national and local levels - To regulate international commerce

Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately:

Becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden

What business speech is protected by the First Amendment?

Some types of advertising

Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices.

- Legislation must be fair and reasonable in content - Legislation must further a legitimate governmental objective

Which of the following statements are applicable to the doctrine of stare decisis? Choose 2 answers.

- Stare decisis is a principle that arose out of the common law. -A lower court must follow the precedent of a decision made by a higher court in the same jurisdiction.

The first ten amendments to the Constitution are known as the

Bill of rights

The judicial branch may limit an administrative agency's actions by which of the following? Choose 2 answers.

- judicial review of the agency's regulations - judicial review of the agency's orders on appeal

In what situations does federal law preempt state law? Choose 2 answer choices

- when congress passes very detailed laws - when congress passes a law and creates an agency to enforce that law

When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? Choose 3 answers.

- investigate complaints and possible violations of its regulations or the law - issue a subpoena - conduct a hearing to obtain a final order

What situation would NOT be regulated by the federal government under the Commerce Clause?

A state requiring lawyers practicing in the state to be licensed

Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)?

An ALJ presides over an administrative hearing and issues an order that, when final, may be reviewed by a court.

True or False: Obscene speech is protected by the First Amendment

False

True or False: The "takings clause" prevents the government from taking private property for any reason

False

What is preemption in the Supremacy Clause?

Federal law is supreme over state law

Which branch of government has the authority to enact law?

Legislative

If there is a conflict between a state and federal law, generally the federal law will prevail because of the

Supremacy Clause

The doctrine of preemption is based on the Constitution's

Supremacy Clause

The Administrative Procedure Act (APA) is the federal law that does which of the following?

The APA sets out the rule-making process for administrative agencies.

Which of the following is a true statement of the powers of a branch of the federal government?

The power to enact laws is vested in the legislative branch

True or False: Hal was arrested for burning the U.S. flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech

True

True or False: Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void

True

Where are fundamental rights protected specifically in U.S. law?

Under substantive due process

The United States v. Lopez case demonstrates which of the following? a.) The states have extensive power to regulate interstate commerce b.) There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause c.) There are limitations on federal power d.) Gun ownership cannot be regulated

c.) There are limitations on Federal power

The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation a.) affects a person's right to drive b.) affects a person's right to drink alcoholic beverages c.) differentiates on the basis of race d.) affects an economic interest

c.) differentiates on the basis of race