True/False
Indicate whether the
statement is true or false.
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1.
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Since 1937, the Supreme Court has not struck down any state or federal economic
regulation.
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2.
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The power of eminent domain is found in the Constitution.
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3.
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The power of eminent domain exists only when the government takes property for a
public use.
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4.
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The Takings Clause applies to both real and personal property.
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5.
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The power of eminent domain can be exercised only when the property to be taken
is in poor
repair.
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6.
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A physical taking often occurs through a condemnation proceeding instituted by
the government.
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7.
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Whenever any government regulation results in a decrease in property value, the
owner of the
property must be compensated by the government.
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8.
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Just compensation is generally determined by the fair market value of the
property taken.
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9.
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The Takings Clause applies to property taken by the government through
forfeiture laws.
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10.
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Case law that affects or impairs the obligation of contracts is generally held
to not violate the Contract Clause because the Supreme Court has generally interpreted the word
“law” as legislative law.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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The Supreme Court’s expanded recognition of the right of government to
enact laws related to economic liberties was a result of
a. | World War II | b. | the Great Depression | c. | World War
I | d. | the selection of a new chief justice |
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12.
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Which of the following laws was held unconstitutional because it violated the
Due Process Clause?
a. | laws setting maximum rates businesses can charge | b. | consumer protection
laws restricting business practices such as price fixing and fraudulent
advertising | c. | laws requiring licensing for certain trades and professions | d. | laws limiting
overtime where neither women nor children were involved |
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13.
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The Government has the right to take property because of the
a. | power of eminent domain | b. | the Due Process Clause | c. | the concept of
economic liberty | d. | the Takings Clause |
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14.
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The power of eminent domain
a. | is extended to the federal government in the Constitution | b. | is extended to state
government in the Constitution | c. | is an inherent power of federal and state
governments and not found expressly in the Constitution | d. | is an inherent power
of federal and state governments and not found expressly in the
Constitution |
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15.
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The Fifth Amendment provision that private property should not be taken for
public use without just compensation is known as
a. | eminent domain | b. | the Due Process Clause | c. | the Takings
Clause | d. | none of the above |
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16.
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The Takings Clause is expressly found
a. | in Article V of the Constitution | b. | in the Fifth Amendment to the
Constitution | c. | in the Fourteenth Amendment to the Constitution | d. | in both b and
c |
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17.
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The term public use in relationship to eminent domain includes such uses
as
a. | roads. | b. | public parks | c. | historical
landmarks | d. | all of the above |
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18.
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In which of the following cases did the Supreme Court find that there was a
taking for which the property owner was entitled to compensation?
a. | a new zoning law that totally prohibited a property owner from building a
house | b. | a 32-month building moratorium on lakefront property | c. | a city ordinance
that placed restrictions on development of individual historic landmarks,
resulting in
petitioner’s inability to build offices and causing several million dollars in
damages | d. | both a and c |
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19.
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Which of the following was not considered “property” for purposes of
the Takings Clause?
a. | trade secrets | b. | a football team | c. | interest on
attorney’s trust account | d. | none of the above; they were all considered
property by a court |
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20.
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The obligation of a contract under the Constitution means
a. | duty of the parties to perform | b. | the terms of the agreement | c. | the rights of the
parties under the contract | d. | none of the
above |
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