BLAW Review Chapters 5-6

What would cause a law limiting advertising in certain circumstances to be valid?

(1) It must seek to implement a substantial government interest, (2) It must directly advance that interest, (3) It must go no further than necessary to accomplish its objective

Where may a federal agency's failure to comply with a request under the Freedom of Information Act be challenged?

Federal district court.

Which branch of government interprets the law?

Judiciary

What is administrative law?

Laws passed by administrative agencies.

Is administrative law created by legislatures?

No; it is created by administrative agencies.

Would the First Amendment protect a website that posts threatening messages about celebrities?

No; it violates criminal laws

What is mean by police power?

State regulatory powers; enforcement of criminal law, regulation of private activities to protect or promote the public order, health, safety, morals, and general welfare.

In what kind of industries can a federal agent conduct a warrantless search?

highly regulated industries (guns and alcohol) and hazardous operations (coal mine and liquid propane).

When are closed meetings of federal agencies permitted?

(1) the subject of the meeting concerns accusing any person of a crime, (2) an open meeting would frustrate the implementation of agency actions, or (3) the subject of the meeting involves matters relating to future litigations and rule making; although courts interpretations of these rules err to open meetings.

In what publication is a proposed Federal agency rule published?

*Federal Register*.

Would a federal administrative agency decision take precedence over a state law where they are in conflict?

A valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.

What is the usual outcome if a federal agency discovers that a company has violated an agency regulation?

Court Order.

What is symbolic speech?

Gestures, movements, articles of clothing, and other forms of expressive conduct; given substantial protection by the courts.

What is a delegation of legislative power?

Giving an administrative agency power to make administrative laws.

What is the free exercise clause?

Guarantees that a person can hold any religious belief that he or she wants, or a person can have no religious belief.

What is an individual's right to privacy?

Implied by the 1st, 3rd, 4th, 5th, and 9th amendments; "the most comprehensive of rights and the right most valued by civilized men."

What is an arbitrary and capricious decision of an administrative agency?

Irrational; (1) failed to provide a rational explanation for its decision, (2) changed its prior policy without justification, (3) considered legally inappropriate factors, (4) entirely failed to consider a relevant factor, (5) Rendered a decision plainly contrary to the evidence.

If a federal agency discovers a corporation has violated a federal regulation and no negotiated settlement can be reached, what will the agency likely do?

Issue a formal complaint and then have the corporation go thru the process of adjudication.

What is the purpose of the full faith and credit clause?

It ensures that rights established under contracts and similar instruments will be honored in other states.

Do guarantees under the Bill of Rights limit both federal and state actions?

Most of the rights and liberties set forth in the bill of rights apple to state governments as well as the national government.

Could the commerce clause be used to exempt citizens of a state that was ravaged by a hurricane from paying federal taxes for a certain time frame.

No, I believe not

Would a city ordinance that bans distribution of all printed materials on city streets likely to be unconstitutional?

No, because it is a content-neutral law.

Under the Regulatory Flexibility Act, will a federal agency adjust a rule to the satisfaction of regulated businesses?

Not necessarily to the satisfaction, but rather to adjust for unnecessary regulations or too costly of regulations for certain smaller businesses.

What is the supremacy clause?

Provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land."

What does the process to create a new administrative agency begin with?

Publish a notice of the proposed regulation in the *Federal Register*.

What determines whether a state law regulating interstate commerce is constitutional? (2)

The dormant commerce clause; the courts weigh the state's interest in regulating a certain matter against the burden that the state's regulation places on interstate commerce.

What is the equal protection clause?

The government cannot enact laws that treat similarly situated individuals differently; basically the opposite of "All animals are equal, but some animals are more equal than others."

What is the exhaustion doctrine?

The party seeking court review must first exhaust all administrative remedies; the complaining party must have gone thru the administrative process before seeking court review.

What is the purpose of checks and balances in the US Constitution?

To prevent any one branch from exercising too much power.

Under the First Amendment, is corporate political speech protected?

Yes

Would a law restricting certain kinds of advertising to protect consumers from being misled likely to be constitutional?

Yes

Would a state law that limits the liberty of all persons to broadcast "annoying" radio commercials likely violate substantive due process?

Yes

If a federal agency wishes to review a corporation's records, is access usually gained by the corporation's voluntary compliance?

Yes, because it is in the firm's best interest to maintain a good relationship with the regulatory bodies.

Are courts usually reluctant to review questions of fact decided by a federal agency?

Yes.

Can hearsay be introduced as evidence in an administrative hearing?

Yes.

Do businesses try to influence the regulatory environment through lobbying?

Yes.

Does a state legislature delegate power to a federal administrative agency through enabling legislation?

Yes.

If there is a conflict, does a federal regulation take precedence over a state regulation?

Yes.

Is adjudication a function of federal administrative agencies?

Yes.

Is an administrative agency created by enabling legislation of Congress?

Yes.

Should lobbying efforts to create a new federal agency be concentrated on Congress?

Yes.

Can Congress spend revenue to promote any objective that it deems worthwhile?

Yes; as long as it does not violate the Bill of Rights

Does the Tenth Amendment reserve powers to the states?

Yes; establishes that those powers neither delegated to the federal government nor denied to the states are reserved to the states and to the people.

Under the First Amendment, is commercial speech given less protection than noncommercial speech?

Yes; it must satisfy criteria, whereas noncommercial has no criteria it must satisfy in order to be protected.

Under the commerce clause, does Congress have the power to regulate any commercial activity in the US?

Yes; it provides the basis for the national government's extensive regulation of state and even local affairs

In a federal form of government, does the national government share sovereign power with the state?

Yes; the federal government has the right to enforce the constitution, while the states have the right to enforce whatever laws may fall under the tenth amendment

Do legislative rules of an administrative agency affect legal rights or obligations?

Yes; they are as legally binding as laws that congress passes.

Do administrative agencies enforce particular regulations?

Yes; with its specialized personnel, has the time, resources, and expertise to make the detailed decisions required for regulation.

What is a subpoena?

~ad testificandum~ "to testify" is an order for a witness to appear; ~duces tecum~ "bring it with you" is an order to hand over physical evidence.