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Exam 4: Administrative Law

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Question 31

Multiple Choice

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Which of the following are types of due process?

A) Procedural due process only
B) Substantive due process only
C) Independent due process only
D) Procedural, substantive, and independent due process
E) Procedural and substantive due process, but not independent due process.

F) A) and B)
G) All of the above

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Question 32

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The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

A) True
B) False

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Question 33

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New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

Which of the following is an example of the state's exercise of its police power?

How was the process of judicial review through which courts review legislative and executive actions to determine whether they are constitutional established?

Reference - Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Sam's statement?

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Reference - Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?

Judicial review allows courts to review the constitutionality of lower courts' decisions.

The U.S. Constitution allocates the power of the federal government among ____________ branches of government.

Which of the following references the clause of the U.S. Constitution that provides that, "Full Faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other state"?

Reference - Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by breaking down the door. Which of the following is true on that issue?

No First Amendment protections apply to corporations.

The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.

When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do court's apply, if any, in cases involving this standard? Set forth, with reasons in support, whether or not you believe that the strict scrutiny standard should be used whenever the state institutes a law distinguishing between individuals or groups and implicating equal protection issues.

Which of the following is true regarding what the First Amendment does not protect?

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Congress has the power to enact legislation, but the president can veto a law that Congress passes.

What does the Fifth Amendment's protection against self-incrimination mean?