Which of the following is a part of the Fifth Amendment? Select one: a. The guar

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Which of the following is a part of the Fifth Amendment?

Select one:

a. The guarantees of the Amendment are available to property owners where state, county, or municipal government uses the power of eminent domain to take public property for private purposes.

b. If a government agency conducts a drug test on its employees, the employees cannot make constitutional arguments as it is a closely regulated sector.

c. In terms of substantive due process, the Amendment prevents the government from arbitrarily taking the life of a criminal defendant.

d. A law can be overturned only if it serves no rational government purpose.

e. The court has read the Fifth Amendment to prohibit only those government searches or seizures that are “unreasonable.”

Question 15

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The court’s ruling in Bush v. Gore was purportedly based on the _____.

Select one:

a. procedural due process

b. preemption clause

c. substantive due process

d. equal protection of the laws

e. separation of the powers

Question 16

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Which of the following is true with regard to the control of administrative agencies?

Select one:

a. Congress cannot always pass laws repealing regulations that agencies promulgate.

b. A business having exhausted all administrative remedies cannot seek judicial review of a final agency decision.

c. Federal agencies are not subject to the fiscal scrutiny of the Office of Management and Budget.

d. Agencies are not permitted to go directly to Congress for increases in budget.

e. The president has a direct leverage over the continuation of administrator’s programs and policies.

Question 17

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Which of the following is true in case of inspections?

Select one:

a. Agents of the Secretary of Labor are allowed to search the work area of any employment facility within OSHA’s jurisdiction but a search warrant is expressly required under the Act to do so.

b. In the case of the Dow Chemical facility being inspected by the EPA, the Supreme Court ruled that the areas photographed by the EPA were open areas and hence subject to the protections of the Fourth Amendment.

c. OSHA does not specify whether inspectors are required to obtain search warrants which are required under the Fourth Amendment in criminal cases.

d. In Marshall v. Barlow’s, Inc., the court held that private individuals cannot refuse police demands to search the premises unless a court has issued a search warrant

e. Where a business is closely regulated, surprise inspections are a norm, and a warrant is required.

Explanation / Answer

1) Solution: The court has read the Fifth Amendment to prohibit only those government searches or seizures that are "unreasonable."

Explanation: Under the Fifth Amendment the government searches or seizures are prohibited which are "unreasonable."

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2) Solution: equal protection of the laws

Explanation: The vote related to the Equal Protection Clause was 7 out of 2 judges, and the lack of an alternative method was 5 out of 4 judges. Thus we can jump to conclusion that court's ruling in Bush v. Gore was purportedly based on equal protection of the laws

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3) Solution: Congress cannot always pass laws repealing regulations that agencies promulgate.

Explanation: Since it is a time consuming process which runs counter to the reason for creating administrative bias thus Congress cannot always pass laws repealing regulations that agencies promulgate

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4) Solution: OSHA does not specify whether inspectors are required to obtain search warrants which are required under the Fourth Amendment in criminal cases.

Explanation: The act does not provide many details on whether inspectors are required to obtain search warrants, needed under the Fourth Amendment in criminal cases

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