Deck 4: Duty to the Constitution and Laws

Question 1

Why should public administrators understand the US Constitution?

A) sound public service in the US is based on the US Constitution
B) most public administrators take an oath to uphold the Constitution
C) public administrators are liable when they violate the Constitution
D) all of the above

Answer 1

D

Question 2

How many Articles are found within the U.S.A. Constitution?

A) seven
B) five
C) three
D) one

Answer 2

A

Question 3

The law of equity enables judges to:

A) award monetary damages to those injured by the government
B) develop and order remedies to change government behaviors
C) synthesize partnerships between government and special interests
D) override the Constitution

Answer 3

B

Question 4

The basic thesis of John Rohr, Ethics For Bureaucrats, is that:

A) public administrators govern through the discretion of their office
B) because their authority is discretionary, external controls of bureaucrats are inapplicable
C) constitutional regime values must be elicited of bureaucrats
D) all of the above are correct

Question 5

What is Rohr's "method" of constitutionalizing the bureaucracy?

A) ethics for bureaucrats derive from regime values
B) bureaucrats are bound by oath and contract to uphold regime values
C) bureaucrats discover these regime values in the public law of their nation-state
D) all of the above are correct

Question 6

John Rohr and others argue that since public bureaucrats govern through their discretion with little oversight:

A) we should privatize the public sector, except the military, to force the market control of agencies
B) we should unionize the public sector, including the military, to force a chain of command
C) we should elicit bureaucratic compliance with the Constitution regime values by training in law
D) we should eliminate the public sector, including the military, to force the rise of the apocalypse

Question 7

According to John Rohr, Ethics For Bureaucrats, moral values for the public service are found in regime values, which are defined as:

A) values of the political entity that was brought into being by the ratification of foundational law, e.g., the Constitution that created the USA
B) beliefs, passions, and principles that have been held for several generations by the over-whelming majority of people
C) enduring constitutional values
D) all of the above are correct

Question 8

According to John Rohr, Ethics For Bureaucrats, moral education for the public service may take 3 roads. The high road:

A) primarily involves the study of philosophical ethics
B) addresses morality as minimal compliance with legal and agency rules
C) focuses on the values/aspirations of the Constitution and other legal sources
D) concentrates on examples of bribery and corruptions

Question 9

The method of regime values, to persuade public servants to learn these values, includes the logical argument that:

A) ethics for all public servants derive from the values of their regime
B) all public servants are bound by oath to uphold these regime values
C) these regime values may be found in the public law of the regime
D) all of the above are correct

Question 10

While deontology is focused on the means of morality, teleology is focused on:

A) the duties of morality
B) the rights of morality
C) the ends of morality
D) the winning of morality

Question 11

The elements of deontology may include:

A) non-consequentialism - denial that goodness requires good consequences
B) intuitionism - knowledge that actions are good or bad by direct intuition
C) formalism - purely formal, self-sufficient scientific logic to determine duties
D) all of the above are correct

Question 12

Immanuel Kant (1724-1804) argued for Intuitionism in ethics because:

A) human understanding is phenomenal; the mind interprets reality as inputs from the senses
B) human understanding is noumenal; the mind directly encounters reality as it is
C) human understanding is deeply emotional like a woman's intuition
D) all of the above are correct

Question 13

Immanuel Kant's Categorical Imperative is stated as:

A) act as if the maxim of your action were to become through your will a universal law of nature
B) actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness
C) act in such a way that you always treat others never as a means, but always at the same time as an end
D) It is better to be a human being dissatisfied than a pig satisfied

Question 14

As an approach to ethics, weaknesses of religious ethics and divine commands may include:

A) partiality of religious ethics/divine commands, sometimes requiring inequality of persons
B) ease of understanding and consensus achieved by all religious ethics/divine commands
C) down-to-earth focus upon mundane human reality by all religious ethics/divine commands
D) all of the above are correct

Question 15

Ancient secular philosophical roots of deontology may include the arguments of Socrates in THE CRITO:

A) that the laws are binding like a child to their parents
B) that the moral decision is always the golden mean between extremes
C) that the rational calculation of pleasure and pain requires the greatest good for the greatest number
D) all of the above are correct

Question 16

The power of courts to judge the constitutionality of the laws and/or actions of co-equal branches of government is commonly referred to as:

A) judicial review
B) common law
C) equity
D) chancery

Question 17

In the case of Marbury v. Madison (1803), the U.S. Supreme Court:

A) reduced its own power by making too broad a ruling
B) asserted the power of judicial review
C) reviewed a congressional act for the first time
D) ruled that a citizen could not sue the president

Question 18

Bill of Rights protections were "incorporated" to the states by U.S. Supreme Court interpretation of:

A) the 4th Amendment right against unreasonable search and seizure
B) the 5th Amendment right against self-incrimination
C) the 14th Amendment right to due process of law
D) state constitutions

Question 19

What Amendments were ratified immediately after the Civil War during the Reconstruction Period to end
Slavery, prohibit racial discrimination, and require Due Process and Equal Protection of the laws in states?

A) the 13^th, 14^th, and 15^th Amendments
B) the 28^th, 29^th, and 30^th Amendments
C) the 1^st, 2^nd, and 3^rd Amendment
D) None; no Amendment were passed after the Civil War

Question 20

What constitutes the "supreme law of the land" under Article VI of the Constitution?

A) the U.S. Constitution itself
B) foreign treaties authorized by the U.S. national government
C) legislation or statutes passed by Congress in pursuance of the Constitution
D) all of the above are correct

Question 21

Religious freedoms are provided for in the 1st Amendment right against:

A) no establishment of religion
B) no interference with the free exercise of religious belief
C) both of the above are correct
D) none of the above are correct

Question 22

Under the Establishment Clause of the 1^st Amendment, a Modified-Separation Doctrine on the separation of religion and government has resulted in:

A) no single national religion
B) no public property taxes on religious worship buildings
C) both A & B
D) No tax free exemption for religion

Question 23

The First Amendment of the U.S. Constitution protects which of the following examples of speech:

A) verbal hate expressions, such as teaching racial harassment
B) non-verbal hate expressions, such as wearing a KKK outfit
C) speech acts, such as burning a U.S. flag
D) all of the above are correct

Question 24

Defamation is a type of communication/media NOT protected by the Constitution and may include:

A) slander, or the oral defamation of another
B) libel, or the written/print defamation of another
C) both of the above are correct
D) none of the above are correct

Question 25

In the USA, hateful and bigoted speech is protected by the 1^st Amendment, EXCEPT when it involves:

A) advocacy of hateful or bigoted discrimination and crime against others
B) teaching of hateful or bigoted discrimination and crime against others
C) imminent incitement of hateful or bigoted discrimination and crime against others
D) all of the above are correct

Question 26

In Rankin v. McPherson (1987, clerk was fired under a Texas statute by her Constable-boss for wishing that President Regan was killed), the US Supreme Court held that the:

A) statute language of opprobrious words or abusive language was unconstitutionally vague or overbroad
B) statute language of obscene or opprobrious language was unconstitutionally overbroad
C) public employee had a constitutional right to free speech, even hate speech, with some limits
D) none of the above are correct

Question 27

Can urban and public affairs officials regulate and even criminally punish hate speech in America?

A) YES; symbolic speech such as cross-burning may be criminally punished
B) YES; speech and the press may be regulated by officials for a proper time and place of expression
C) YES; symbolic speech such as flag-burning may be punished if it imminently incites violence
D) all of the above are correct

Question 28

Virginia v. Black (2003; involved cross-burning by Ku Klux Klan and others in Virginia) held that it is:

A) unconstitutional to enhance hate crime sentences without a jury finding guilt beyond reasonable doubt
B) unconstitutional to criminally sanction hate-expressions that do not imminently incite violence
C) constitutional to criminalize cross-burning because it is inextricably intertwined with a racist history
D) constitutional to enhance the punishment of a crime motivated by prejudice or hatred

Question 29

The 4th Amendment requires a warrant for search and seizure of evidence of a crime, except:

A) when the public servant forgets to get a search warrant, i.e., the bad memory exception
B) when the defendant consents to a search of their car, i.e., the consent search exception
C) when the defendant cusses out the public servant, i.e., the cursing fool exception
D) all of the above are correct

Question 30

When you "take the Fifth" in a legal proceeding against you, this refers to:

A) the right against double jeopardy
B) the right to drink a fifth of whiskey
C) the right to file a Writ of Habeas Corpus
D) the right against compulsory self-incrimination

Question 31

How many Amendments are found in the most recent USA Constitution?

A) twenty-seven (27)
B) twenty-six (26)
C) twenty-five (25)
D) twenty-four (24)

Question 32

The Founders conceived of Congress as "congressus," a coming together, in contrast with:

A) the British Parliament, based on the root word "parlar" (to talk)
B) the Spanish Contendere, based on the root word "contende" (to contest)
C) the Roman Senate, based on the root word "ate" (having eaten)
D) the French Guillotine, based on the root word "guillot" (to cut off)

Question 33

For what reason(s) may the President be removed from office on impeachment?

A) high crimes and misdemeanors
B) bribery
C) treason
D) any of the above upon conviction

Question 34

While the 13^th, 14^th, and 15^th Amendments banned slavery, racial discrimination, and voting barriers, Plessy v. Ferguson (1896; involving the "colored" section on a New Orleans streetcar) upheld the discrimination of:

A) the separate but equal doctrine
B) the Jim Crow Minstrel Show
C) the e pluribus unum doctrine
D) the with all deliberate speed doctrine

Question 35

Following Plessy v. Ferguson (1896), the "separate but equal" laws enacted in most states to segregate the races were called:

A) Jim Crow laws
B) carpetbagger laws
C) Uncle Tom laws
D) civil rights laws

Question 36

While Brown v. Board of Education (1954/1955) ordered an end to segregation, integration efforts did not pick up until Swann v. Charlotte-Mecklenburg (1971; involving school busing) authorized judges to use:

A) any and all remedies in equity to effect integration
B) only school busing to effect integration
C) only tax increases to effect integration
D) all of the above are correct

Question 37

The most basic of all regime values under the U.S. Constitution is:

A) the right to due process of law
B) the right of eminent domain
C) the right to trial by jury
D) the right to economic regulation

Question 38

What constitutional law doctrine gave the U.S. Congress authority to oversee commercial dealings that may cross states boundaries?

A) the Administrative Law Doctrine
B) the Government Sunshine Doctrine
C) the Commerce Power Doctrine
D) the Delegation Doctrine

Question 39

Administrative law may be defined as:

A) the entire body of regulatory law
B) the body of regulatory law that is made by administrative agencies
C) the body of regulatory law that generically regulates public administration
D) all of the above are correct

Question 40

Administrative law is founded upon the legal principles within the legal domains of:

A) criminal law & procedure
B) tort, contract, property. & corporate law
C) constitutional law
D) all of the above are correct

Question 41

The growth of contemporary U.S. bureaucracy may be largely due to constitutional powers under:

A) the U.S. Congress' patent and copyright power to secure the inventions of inventors and authors
B) the U.S. Congress' commerce power to regulate interstate commerce
C) the U.S. Congress' budgeting power to fund or de-fund administrative agencies
D) all of the above are correct

Question 42

From classical Rome to the 1930s, the delegation doctrine (delagatus non protest delegare) meant:

A) delegated powers cannot be delegated further
B) delegates cannot use delegated powers
C) delegated powers cannot be used
D) delegates have no powers

Question 43

The powers delegated to agencies by the U.S. Congress may be limited by:

A) the doctrine of "no excessive delegation"
B) the Constitution
C) the authorization statute that created the agency
D) all of the above are correct

Question 44

What types of rules do administrative agencies make under the A.P.A. scheme? (& state schemes)

A) informal rulemaking or notice and comment rulemaking
B) formal rulemaking specifying that rules be "...made on the record after an agency hearing"
C) hybrid rulemaking requiring notice and comment plus stringent documentation of the rule's rationale
D) all of the above are correct

Question 45

In informal vs. formal rulemaking/adjudication, what triggers the formal requirements under A.P.A.?

A) the authorizing statute requires rules/decisions be "...made on the record after an agency hearing"
B) by the size of group affected by the rule/decision; individuals deserve more formal safeguards
C) nothing - the A.P.A. doesn't distinguish between informal and formal rulemaking/adjudication
D) the whims of judges and justices in judicial review of the administration action

Question 46

What are the A.P.A. components of a formal hearing made "...on the record"?

A) timely adequate notice, disclosure of opposing evidence, opportunity to confront opposing witnesses
B) right to oral presentation of arguments and evidence, right to cross-examine adverse witnesses
C) right to retain an attorney, right to determination on record, right to statement of reasons
D) all of the above are correct

Question 47

The judicial review of administration action is limited by doctrines of judicial self-restraint, including:

A) the ripeness doctrine; the litigants must be true adversaries in a real case or controversy
B) the mootness doctrine; the dispute must continue through until the time of the court's decision
C) the exhaustion doctrine; litigants must exhaust all administrative remedies before coming to court
D) all of the above are correct