If a person has been discriminated by the government on the basis of the fact that he/she is an ille

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) due processB) intermediate scrutinyC) strict scrutinyD) rational analysis2.The “dormant” Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:A) limiting a state’s ability to tax vendorsB) limiting the states from furthering only state interestsC) prohibiting state laws that openly discriminate against interstate commerceD) prohibiting state legislation that unduly burdens intrastate commerce3.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 to sell it to a private developer who aims to make profit from itB) Seizure of private land by the government to build a new city hallC) Seizure of private land by the government to build a public roadD) Seizure of private land by the government to build a mall for the public4.Commercial speech, under the First Amendment, is:A) subject to intermediate scrutiny unlike political speechB) completely unregulated unless it is put in writingC) subject to strict scrutiny just like political speechD) completely suppressed regardless of it being misleading or truthful5.The federal government has the exclusive right to regulate all _____ of the United States.A) private and government actionB) intrastate commerceC) foreign commerceD) domestic commerce6.Under the Equal Protection Clause:A) states are prohibited from arbitrarily discriminating against personsB) states are prohibited from discriminating only on the basis of nationalityC) the government must treat all cases alikeD) the government can uphold restrictions on property7.Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution?A) It prohibits any state from arbitrarily discriminating against personsB) It does not contain the substantial due process clauseC) It applies only to the federal governmentD) It does not contain the procedural due process clause8.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 coercive powerB) the power of eminent domainC) an enforcementD) a subpoena power9.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 preemptedB) void-for-vaguenessC) prevailingD) impliedly preempted10.Under rational basis analysis:A) courts will deem a government action unconstitutional when the action impinges on a fundamental rightB) 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 foolishC) discrimination on the basis of economic interest will receive highest scrutinyD) discrimination on the basis of a suspect category will receive highest scrutiny11.In the case of a taking, just compensation is defined as:A) the fair market value of the property if it were to be sold to a developerB) the current fair market value plus any expected future value from the takingC) the fair market value of the property plus its sentimental valueD) the current fair market value of the property involved in the taking12.The power of the states to regulate is:A) exclusive in the domain of interstate commerceB) exclusive in the domain of intrastate commerceC) nonexistent over matters that affect interstate commerceD) limited only by its own state constitution13.If the governmental action has a reasonable relationship to the achievement of a legitimate purpose, it is declared constitutional under:A) intermediate scrutiny analysisB) rational basis analysisC) strict scrutiny analysisD) suspect classifications14._____ protects people from arbitrary government interference with their life, liberty, or property rights.A) Procedural due processB) Due process clause of the Sixth AmendmentC) Equal Protection Clause of the Fifteenth AmendmentD) Substantive due process15.The primary components of the Takings Clause are:A) a compelling government purpose; conditional compensationB) a taking; for a public purpose; the private property owner is entitled to just compensationC) a taking for eliminating urban blight, with minimal compensationD) a taking; justified by the supremacy clause; compensation rarely required16.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) not discriminate in favor of local interests and against out-of-state interestsB) allow only direct, not incidental, regulation of interstate commerceC) impose costs on interstate commerce that are more excessive than necessary to bring about the state interestsD) not further a legitimate local interest17.The courts will overturn the independent agency’s action when:A) an agency’s rulemaking does not exceed its regulatory authorityB) an agency’s rules are unwise, though it does not exceed its regulatory authorityC) the court does not set out adequate guidelines for agency actionD) the agency decisions are arbitrary and capricious18.The explosion of government regulation in the United States has witnessed an accompanying social phenomenon of great importance which is:A) the creation and widespread use of administrative agenciesB) the creation of the CAN-SPAM ACTC) the creation of antitrust lawsD) the creation and widespread use of the Federal Trade Commission19.State power is restricted by:A) due process and equal protection scrutinyB) the Commerce Clause of the U.S. ConstitutionC) procedural due process clauseD) the equal protection clause20.Which of the following is true of the Takings Clause?A) It requires the government to buy private property for private developersB) It requires the government not to pay private property owners any compensationC) It is triggered by the power of eminent domainD) It is triggered by the power of just domain21.Strict scrutiny:A) is the analysis employed by the court in a case involving commercial speechB) is the analysis employed by the court in deciding an equal protection case involving discrimination on the basis of raceC) is the analysis employed by the court when suspect classifications are not in questionD) is a test of constitutionality that is satisfied if the challenged government action bore a reasonable relation to a legitimate government purpose22.Administrative agencies:A) are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functionsB) rarely have both the power to issue regulations and the power to investigate when such regulations have been violatedC) are, in theory, part of the judicial branch of government, but they may also perform legislative and executive functionsD) may make regulations that are advisory in nature, but cannot make regulations that have the force of law23.Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:A) it is pursuing a governmental end in the most intrusive mannerB) it is pursuing a compelling government interestC) there is no restriction on commercial speechD) its action bears a rational relationship to its desired end24.When regulatory reforms interfere with the exercise of individual rights, they are subject to:A) strict scrutiny analysis, irrespective of the level of interferenceB) both a substantive and a procedural due process challengeC) only a substantive due process challengeD) only a procedural due process challenge25.Which of the following prohibits the federal government from depriving any person “of life, liberty, or property, without due process of law”?A) The Fourteenth Amendment Due Process ClauseB) The Commerce ClauseC) The Fifth Amendment Due Process ClauseD) The Seventh Amendment26.Many of the administrative agencies have the power to:A) make lawsB) adjudicate disputes involving alleged violations of the Commerce ClauseC) conduct trials involving juriesD) issue regulations that have the force of law

 

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