Chapter 4 Flashcards
Which of the following was the result in Horne v. Department of Agriculture, the case in the text in which the federal Department of Agriculture required that a percentage of a raisin grower’s crop be physically set aside in certain years for the government, free of charge, to be dispersed by the government?
Multiple Choice
That because the growers had a government license to produce raisins, the government was entitled to a percentage of the crop to use as the government saw fit with no compensation due the growers.
That while the raisins were taken by the government for public use, the program was constitutional because the growers received a percentage of later sales.
That the physical taking of the raisins for public use had to be accompanied by just compensation.
That the government was barred from taking the raisins.
That the physical taking of the raisins for public use had to be accompanied by just compensation.
Which of the following is true regarding the Religious Freedom Restoration Act?
Multiple Choice
It prohibits only state government, not the federal government, from considering a person’s religion in enacting legislation affecting the free exercise clause.
It applies to the federal government only and requires application of the strict scrutiny test when a federal law substantially burdens the exercise of religion.
It prohibits the federal and state governments from burdening a person’s exercise of religion, even if the burden results from a rule of general applicability.
It prohibits the federal government from substantially burdening a person’s exercise of religion unless the burden results from a rule of general applicability.
It applies to the federal government only and requires application of the strict scrutiny test when a federal law substantially burdens the exercise of religion.
Non-commercial speech enjoys greater protection than commercial speech.
true or false
true
Under the First Amendment, regulation of political speech is:
Multiple Choice
Subject to intermediate scrutiny.
Subject to strict scrutiny.
Not protected.
Subject to rational basis scrutiny.
Subject to strict scrutiny.
If the United States Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law that conflicts with the federal law, Kentucky’s law is said to be:
Multiple Choice
void-for-vagueness.
prevailing.
impliedly preempted.
expressly preempted.
expressly preempted.
Which of the following is true regarding the government’s calculation of just compensation for a taking?
Multiple Choice
It includes the landowner’s emotional attachment to his or her land.
It entails calculating the fair market value of the property involved in the taking.
The government is required to use the landowner’s subjective opinion of fair market value as prima facie evidence of the property’s true worth.
It entails calculating the fair market value of the property involved in the taking, plus all projected future profits.
It entails calculating the fair market value of the property involved in the taking.
The following is not permissible under the government’s power of eminent domain:
Multiple Choice
Any zoning affecting use.
The use of eminent domain in furtherance of an urban renewal project.
A physical invasion of property.
Governmental interference with property ownership.
A physical invasion of property.
Which of the following statements is true of state action?
Multiple Choice
The constitutional checks on governmental power do not apply to the United States Congress.
Private deprivation of individual liberties is permitted only if interference by state action is prohibited by statute.
State action is not involved if policies are mandated by federal law.
The United States Constitution protects an individual only against governmental activity, usually called state action.
The United States Constitution protects an individual only against governmental activity, usually called state action.
Which of the following statements about federal independent agencies is true?
Multiple Choice
While agencies possess investigative and adjudicatory power, they may not exercise rule-making power because that power is reserved to Congress.
While federal agencies possess investigative and rule-making power, they may not exercise adjudicatory power because that power is reserved to the judiciary.
Agencies may exercise investigative, rule-making, and adjudicatory power.
Agencies may exercise rule-making and adjudicatory power, but they may not exercise investigatory power because that power is reserved to law enforcement.
Agencies may exercise investigative, rule-making, and adjudicatory power.
Which Amendments in the United States Constitution contain the due process clause?
Multiple Choice
Fourth and Fourteenth
Fifth and Fourteenth
Fourth and Fifth
First and Fifth
Fifth and Fourteenth
When a law discriminates based on race, the following analysis will be used:
Multiple Choice
Enhanced scrutiny
Rational basis
Intermediate scrutiny
Strict scrutiny
Strict scrutiny
The term “Chevron Doctrine” refers to how courts conduct a two-part inquiry to determine whether to sustain an agency’s interpretation of the statutory scheme it is charged with administering.
true or false
true
Which of the following is the best defense of a defendant accused in federal court of privately depriving a plaintiff of individual liberties or property under the U.S. Constitution?
Multiple Choice
That administrative remedies must be exhausted before claims may be made under the U.S. Constitution.
That the defendant did not, in fact, commit the acts alleged.
That the U.S. Constitution protects the individual only against governmental activity, usually called state action.
That the U.S. Constitution does not apply unless the plaintiff first obtained a judgment against the defendant in state court.
That the U.S. Constitution protects the individual only against governmental activity, usually called state action.
The federal government and the states share power to regulate intrastate commerce.
true or false
false
The Establishment Clause and the Free Exercise Clauses are found in the:
Multiple Choice
First Amendment
Article One
Article Two
Second Amendment
First Amendment
