Exam 4: Constitutional, Statutory, Administrative, and Common Law

Identify the basic job of a President of the United States, the source of executive power, and three key powers associated with the position of President.

Professor Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights.

Some presidents have argued that they should have the power of a line-item veto, which is the authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. A line-item veto is a challenge to which of the following principles?

Define the common law. Discuss its conflicting goals and the doctrine created to serve one of these goals.

From tax returns, the Internal Revenue Service (IRS)has information concerning Elizabeth Jones. Generally, the IRS may not divulge this information to the Federal Bureau of Investigation unless Elizabeth has given written consent.

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution.

The amendments to the U.S. Constitution protect the people from the power of state and federal governments.

The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a statute.

Which statement about interpretive rules is correct?

SharCo and Blyron Productions are each applying for a television license. In deciding which applicant is better qualified, the FCC will hold an initial hearing before

The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC)is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act.

The government has the right to take private property through the power of eminent domain.

The largest source of new law comes from court decisions.

The concept of stare decisis is closely related to the concept of

If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill becomes law.

Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void.