Exam 4: Administrative Law

Reference - Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer is concerned that the judge has not granted Sam a hearing. Which of the following is one right that the judge has violated?

Reference - Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?

According to the _____________ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

What does the establishment clause of the First Amendment provide?

The fourteenth amendment is part of the Bill of Rights.

If a law prevents individuals from exercising a fundamental right, the law will be subject to _____________.

When may government agents search without a search warrant?

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

Which amendment protects against double jeopardy?

Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?

What was the result before the U.S. Supreme Court in United States v. Kyllo, the case in which the defendant was growing marijuana inside his home and law enforcement used a thermal imager, an instrument that detects heat emissions, without first obtaining a search warrant?

When the First Amendment is concerned, which of the following does the term "political speech" reference?

Explain the concept of the "dormant commerce clause." Address whether or not a state law banning the importation of out-of-state apples in order to assist in-state growers would violate the dormant commerce clause.

Which of the following was the result in the case in the text Black Star Farms LLC v. Jerry Olive, Arizona Department of Liquor License and Control, the case in which in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

Which amendment gives citizens the right not to testify against themselves in a criminal case?

Reference - Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?

Explain the system of checks and balances and how it works, and set forth your opinion as to why or why not this system supports a democratic form of government.

Congress can use its spending power to achieve social welfare objectives.

Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?

Federal laws include laws passed by federal administrative agencies.