Exam 4: Business and the Constitution

The Occupational Safety and Health Administration (OSHA), the Food and Drug Administration (FDA), and the Internal Revenue Service (IRS) are examples of independent agencies.

An agency's rule-making power is derived from:

The Takings Clause must have a taking:

If a person has been discriminated by the government on the basis of the fact that he or she is an illegitimate child, the regulation will be evaluated under _____.

The courts have historically distinguished between noncommercial and commercial speech when reviewing the constitutionality of governmental restrictions.

The federal government has the exclusive right to regulate all _____ of the United States.

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:

The U.S. Constitution, according to the Fifth and Fourteenth Amendments, prohibits the government from taking real or personal property for public use without paying just compensation.

The Fourth Amendment to the United States Constitution prohibits the federal government from depriving any person "of life, liberty, or property, without due process of law."

Briefly discuss the constitutional safeguards of noncommercial speech.

If the U.S. 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:

Which of the following is a correct statement regarding the Religious Freedom Restoration Act (RFRA)?

When is strict scrutiny analysis triggered?

Independent agencies are a part of the executive branch of the government and are under the control of the president.

Which of the following statements is true of state action?

Under the First Amendment, commercial speech is:

In the United States, the power of the states to regulate is:

Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:

Which of the following statements is true of agencies that exercise adjudicatory power?

Administrative agencies _____.