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Question
Which of the following is NOT a factor used by the Court to determine whether a congressional delegation of judicial authority to an administrative agency is constitutional?A) The origins and importance of the right(s) to be adjudicated.
B) The extent to which the essential attributes of judicial power are reserved to Article III judges.
C) The amount in controversy.
D) The reasons Congress chose to vest the adjudicatory power in an administrative officer or tribunal.
Answer
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Related questions
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Informal rulemaking is known as rulemaking on the record.
Q:
Match the term listed in Column 1 to its description in Column 2.
A) a person who supports a strong, centralized government
B) a legislative act that inflicts capital punishment upon named persons without a judicial trial
C) a right existing under natural law, independent of manmade law
D) four federal laws enacted in 1798 in anticipation of war with France that required alien registration, empowered the president to deport all aliens from nations that were at war with the United States
E) a law making a person criminally liable for an act that was not criminal at the time it was committed
F) a person who opposes establishment of a strong, centralized government in favor of local control
G) principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws
H) the power of the judiciary, as the final interpreter of the law, to declare an act of a coordinate governmental branch of state unconstitutional
I) a writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (i.e., the prisoner) delivered from custody and brought before that court
J) the concept that there exists, independent of manmade law, a law laid down by God or by nature, which human society must observe in order to be happy and at peace
1. ex post facto law
2. rule of law
3. anti-Federalist
4. habeas corpus
5. bill of attainder
6. Federalist
7. natural law
8. judicial review
9. natural right
10. Alien and Sedition Acts
Q:
A delegation may be violative of the Constitution if it places control over an essential function of one branch in another branch.
Q:
During the Warren Court era, the U.S. Supreme Court held that ________ is protected by the Constitution in Griswold v. Connecticut, 381 U.S. 479 (1965).
Q:
Which case involves the so-called "liberty of contract?"
A) Lochner v. New York
B) Hawaii Housing Authority v. Midkiff
C) Kelo v. City of New London
D) Lucas v. South Carolina Coastal Commission
Q:
Philosophers, such as John Locke and Charles Montesquieu, advanced the theory that sovereignty rests not with the monarch but with the ________.
Q:
The "nondelegation doctrine" is rooted in federalism principles.
Q:
What term is used to describe a legal document that provides a person's wishes in case of a medical emergency?
A) Legal Directive
B) Living Will
C) Power of Attorney
D) Delegation of Death
Q:
An independent administrative agency is one which generates its own revenues through bonds and other measures, rather than relying on appropriations from Congress.
Q:
The higher the court is, the more likely it is that its decisions will be published.
Q:
A penumbra is a:
A) lunar shadow.
B) broken umbrella.
C) type of abortion procedure.
D) confidential news source.
Q:
Of the thirteen original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention.
Q:
What is the name of the legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies?
A) Federal Agency Act
B) Administrative Procedure Act
C) Administrative Delegation Act
D) Federal Agency Procedure Act
Q:
The mandate of the delegates to the Philadelphia Convention of 1787 from their states was to draft a new constitution.
Q:
The rule providing that if a claim is public in nature and not private, Congress may delegate its adjudication to a nonArticle III tribunal is called:
A) public rights doctrine.
B) public access doctrine.
C) non-delegation doctrine.
D) rule of adjudication.
Q:
A statute that gives the government the power to enforce other legislation or that carries out a provision of a constitution is called a(n):
A) enabling act.
B) Act of Authority.
C) delegation of authority.
D) vesting.
Q:
During the early years of the Constitution, which group championed a stronger centralized government?
A) Federalists
B) Anti-Federalists
C) Tea Party
D) Confederates
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In Burwell v. Hobby Lobby (2015), the U.S. Supreme Court held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employee health-care coverage for contraceptives under the federal Affordable Care Act.
Q:
What are the qualifications under the U.S. Constitution to become President?
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The president possesses the authority of ________ of sentence to lessen a sentence.
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Which of the following Chief Justices of the Supreme Court was responsible for writing the majority opinion in Marbury v. Madison, wherein the power of judicial review was announced?
A) Jay
B) Marshall
C) Warren
D) Rehnquist
Q:
If a professor at a public school imposes a policy barring students from wearing all types of hats in the classroom, this would most appropriately be labeled as a ________.
A) regulation of protected speech
B) ban on protected speech
C) content-based limitation on political speech
D) neutral law that may impact students' expression
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Which doctrine provides Congress with authority to regulate intrastate activities that substantially affect interstate commerce?
A) dormant commerce clause
B) Affectation doctrine
C) preemption doctrine
D) Doctrine of supremacy
Q:
The veto of a congressional bill by the president by retaining it until Congress is no longer in session, neither signing nor vetoing it, is called a(n):
A) implied veto.
B) veto by implication.
C) line-item veto.
D) pocket veto.
Q:
Who possesses the authority to suspend habeas corpus?
A) Congress
B) President
C) Both A and B are required
D) Either A or B
Q:
What does the incorporation doctrine provide?
Q:
What are the implicit rights recognized by the U.S. Supreme Court?
Q:
Each of the following is prohibited as cruel and unusual punishment EXCEPT:
A) disproportionate sentences.
B) capital punishment.
C) status crimes.
D) unreasonable prison and other confinement conditions.
Q:
The constitutional provision against cruel and unusual punishment is found in the ________ amendment.
A) First
B) Fourth
C) Fifth
D) Eighth
Q:
James ________ is known as the chief architect of the Bill of Rights.