Constitutional Law

A

100

What are the powers of Congress?

Tax, spend, regulate commerce and its instrumentality powers, declare ware,appoint lower government officials

200

A state statute was struck down by the supreme court of the state on the grounds that it was in conflict with the Supremacy Clause of the United States Constitution as well as the Equal Protection Clause of the state constitution. Does the United States Supreme Court have jurisdiction to hear an appeal of the state supreme court’s decision?

No, because of the “adequate and indepen- dent state ground” theory. The Supreme Court will hear a case from a state court only if the state court judgment turned on federal grounds.

300

The President of the United States and the king of a foreign nation entered into a treaty agreeing that citizens of the foreign nation who reside in the United States would not be taxed by the United States and that United States citizens who reside in the foreign nation would not be taxed by it. The treaty was ratified by the United States Senate and the royal council of the foreign nation. One year after the treaty became effective, the foreign nation began to tax United States citizens within its borders. The President immediately declared the tax treaty to be void and ordered the Internal Revenue Service to tax citizens of the foreign nation living in the United States. Is the President’s action constitutional?

Yes, the President’s action is constitutional pursuant to his power over treaties and foreign relations.

400

A foreign student who had entered the United States on a student visa four years ago was notified by federal immigration authorities that he was subject to being deported because his visa had expired. Federal law provided that an alien who is subject to being deported has the right to appear before an administrative officer appointed by the Attorney General’s office for a hearing on whether he should be deported. This officer, appointed by the executive branch of the government, has the right under law to make a final order concerning whether the alien should be deported. After a hearing, the administrative officer entered an order allowing the student to remain in the United States as a permanent resident. However, a congressional rule permitted the House of Representatives, by resolution, to deport “undesirable aliens.” After the administrative judge entered his order, the House passed a resolution that the student should be deported. The student petitioned the federal court to declare the legislative resolution invalid. Should the court find the resolution to be valid?

No, because the federal law removed congressional power with regard to aliens in this circumstance, and the resolution of the House violates the separation of powers doctrine.

500

A regional planning commission ordered a temporary cessation of all construction in a large planned residential development in order to formulate a comprehensive land-use plan, and to study the environmental impact on a large natural lake adjoining the property. After some 24 months the moratorium still existed, and real estate developers sued, alleging that the moratorium constituted a taking of their property without due compensation in violation of the Fifth and Fourteenth Amendments. A lower federal court held a hearing, heard evidence, and ruled that the delay under these facts was not unreasonable and no taking occurred. How would the federal court of appeals most likely decide the issue?

The temporary cessation was not the same as a total restriction on further development and didn't ultimately deprive the owners of all economic uses of their property.

B

100

What are the powers of the executive

Federal appointments, removal of executive officials, pardon federal crimes, veto legislative acts, commander in chief powers and formulate treaties.

200

Federal legislation required that state and local police departments receiving financial assistance from the Federal Law Enforcement Assistance Agency devote a specified amount of those resources to combatting “white-collar” crimes. Which of the following would provide the best constitutional underpinning for this legislation?

The strongest support for the legislation would be the power to tax and spend for the general welfare.

300

To better reflect the age range of its citizens, a city council passed an ordinance providing that no city employee could be hired or promoted unless that employee had reached the age of 55. A 25-year-old city mechanic in the lower pay classification had recently finished first on a promotional exam for the senior mechanic position, which would entitle him to a substantial increase in pay. His supervisor told him that, under instructions from the head of the city administrative office, a 56-year-old city mechanic who scored lower on the exam would be promoted to the position instead. If the mechanic brings an appropriate action in federal court to challenge the ordinance, which party would bear the burden of proof?

The burden of proof will be on the mechanic to prove that the challenged ordinance is arbitrary and irrational. Because age is neither a suspect classification nor the type of discrimination entitled to an intermediate level of constitutional scrutiny, the rational basis test applies in an equal protection analysis.

400

A man committed a particularly brutal series of crimes that, because of their interstate character, were violations of a federal criminal statute. The man was convicted in federal court and sentenced to life imprisonment. Six months after the man was incarcerated, the President pardoned him. There was a great public outcry, amid charges that the President issued the pardon because the man’s uncle had made a large contribution to the President’s reelection campaign fund. Responding to public opinion, Congress passed a bill limiting the President’s power to pardon persons convicted under the specific statute that the man had violated. The President vetoed the bill, but three-quarters of the members of each house voted to override the veto. Is the legislation constitutional?

No, because the power to pardon for federal crimes is expressly granted to the President in the Constitution and is an unqualified power (except as to impeachment).

500

A law in one state forbids the transportation or sale of tomatoes in the state that have a more than 10% “genetic engineering factor.” The U.S. Department of Agriculture does not use or mention genetic engineering factors in its standards for the sale and transportation of tomatoes. Tomato growers in a second state wish to ship tomatoes for sale into the first state but its tomatoes are in compliance only with the federal standards. The tomato growers’ association in the second state brought an injunctive action in federal court against the agricultural department of the first state to enjoin enforcement of the genetic engineering rule on the basis of federal preemption. According to U.S. Supreme Court precedent, how will the courts decide the preemption claim?

There is no preemption because the first state's laws does not contradict the federal law and both laws could be complied with simultaneously.

C

100

What is full faith and credit

State must enforce all judgments of another state court if other court had SMJ, the judgement was on merits and it was final

200

A state enacted a sales tax on specified items purchased within the state. A subdivision of the federal government purchased from a dealer in the largest city in the state 100 new automobiles for use by federal agencies operating within the state. Must the federal government pay the sales tax applicable to the new auto purchase?

No, unless Congress has consented to such a tax. As a direct tax on the federal government, the sales tax is invalid unless Congress has consented to such a tax.

300

A state statute provides that any public official found guilty of misconduct in office by his superiors should be permanently banned from holding any state employment or being appointed to any state office at any time in the future. Would the statute pass constitutional muster and why?

The statute is unconstitutional as a bill of attainder.

400

Commercial fishing has long been one of the major industries of a coastal state. To protect the fishing industry and to promote the general welfare of the state’s citizens, the legislature of the state enacted statutes requiring licenses for commercial fishing. An applicant for the license must pay a $300 fee and establish that he has been engaged in commercial fishing in the waters of the state for 10 years. A commercial fisherman residing in a neighboring state frequently takes his fishing boat up the coast. His favorite spot is approximately two miles off the coast of the legislating state. If the commercial fisherman challenges the constitutionality of the legislating state’s statutes, should the court find the statutes constitutional?

The court should not find the statutes constitutional because less restrictive means are available. The statutes violate the Privileges and Immunities Clause of Article IV, which prohibits discrimination against nonresidents with respect to essential activities (e.g., pursuing a livelihood) unless (i) the discrimination is closely related to a substantial state purpose and (ii) less restrictive means are not available.

500

A state-funded military institute accepts only male students. The college-level school has a renowned history of producing military and government leaders. It is known for having a uniquely rigorous form of military training that builds strong character forged in the tribulations of adversity and military discipline. A woman with excellent scholastic and athletic achievements applied for admission and was turned down. She brought an injunctive action in federal court claiming a denial of equal protection guaranteed by the Fourteenth Amendment. The state offered to develop a parallel military school for women that would not be as physically demanding or as confrontational. Facilities and faculty would not be equal to the men’s institute because of initial budgetary restraints. In light of U.S. Supreme Court precedent, what should the federal district court rule?

There is a denial of equal protection because the parallel program does not provide the same rigorous military training or the full spectrum of benefits.

D

100

What are the three primary forms of scrutiny used to assess the constitutionality of a law

Strict scrutiny, intermediate scrutiny and rational basis

200

To reduce incidents of violence among male gang members at a youth center, a city passed an ordinance forbidding any male between the ages of 13 and 19 to enter the center unless accompanied by a female. An 18-year-old male who was refused admission at the center because he was not escorted by a female filed suit in federal court to strike down the ordinance as unconstitutional. Should the court find the city ordinance constitutional?

The court should find the ordinance unconstitutional unless the city shows that the ordinance is substantially related to important government objectives. Classifications based on gender, such as the ordinance here, are quasi-suspect and violate equal protection unless they are substantially related to an important government objective.

300

A state law required voters to present a photo identification card at the time of voting. If they did not, they could cast a provisional vote and present an ID within 10 days or sign an affirmation that they were unable to afford one. Actually, ID cards were free at state agencies. Disgruntled voters sued to have the provision declared unconstitutional. What was the most likely decision of the courts?

This law was constitutional because it was not a burden for people to live up to it, and they could always file a provisional vote if need be.

400

A grower based in one state grew and marketed corn nationwide. The U.S. Congress passed a law attempting to stabilize the price of corn by limiting the volume of corn produced by growers to a specified volume per each cubic acre, on a semi-annual basis. The Department of Agriculture fined the grower for exceeding the production volume. He only intended to use the excess for feeding his livestock and domestic purposes, but he was ordered to destroy it. The grower brought an action claiming that his substantive due process rights had been illegally interfered with. He asked for an injunction and reparations. What would be the most likely decision of the court?

No relief was granted because Congress has the power to regulate interstate commerce, and even though he used the excess corn internally, it reduced the feed that he had to buy, thus having an effect on interstate commerce

500

A church located in a western state was a branch of a church originating in a South American country. It received a large shipment from its home church of a special hallucinogenic tea that is used in the church’s sacramental religious services. The federal government seized the shipment, preventing the religious use of the tea. The church filed for an injunction requesting permission to import the tea for religious purposes and to prohibit any federal prosecutions. The government presented no evidence as to the dangers of the tea or reasons to outlaw it other than an analysis of its ingredients contained a natural chemical compound that was listed as a Schedule I prohibited substance. What is the most likely decision of the federal district court to the petition of the church?

The injunction will be granted because the government did not prove a compelling government interest in interfering with this particular religious practice.

E

100

What are the elements that make a claim justiciable?

Standing, mootness, ripeness, redressability, and political question.

200

Federal legislation required that state and local police departments receiving financial assistance from the Federal Law Enforcement Assistance Agency devote a specified amount of those resources to combatting “white-collar” crimes. What is the best constitutional underpinning for this legislation?

The power to tax and spend for the general welfare.

300

A group of neighbors sued an industrial plant under the provisions of the federal Clean Water Act for discharging mercury and other poisons into a river near their properties. The group asked for an injunction and civil penalties to stop the discharges. The discharges were tested and exceeded the maximum amounts of several pollutants allowable under federal regulations. After the suit was filed, the industrial plant ceased the polluting activities and was able to get its discharges into compliance, and obtained a renewal of its permit. The company then asserted that the lawsuit was moot. What was the likely decision of the federal court?

The case was not moot because there was always the possibility that the defendant could return to its old ways without a judicial determination.

400

A state’s voters approved an amendment to the state’s constitution that prevented any city, town, or county in the state from taking any legislative, executive or judicial action to recognize gay and lesbian individuals as a protected class. The state’s highest court ruled that the measure could not pass strict scrutiny, and was a denial of equal protection for gays and lesbians. The proponents of the act appealed to the U.S. Supreme Court. What will the Court decide with respect to the validity of the law?

The law is unconstitutional because it lacks a rational relation to any legitimate government purpose.

500

A state enacted health care legislation to provide comprehensive insurance coverage on prescription drugs for all of its citizens. The legislation provided state reimbursement for the cost of all prescription drugs with one exception—a drug commonly known as the “abortion pill,” which was prescribed to induce early term abortions without surgery. All other prescription drugs for pregnant women were covered. A pregnant woman who had received a prescription for the drug and was subsequently denied reimbursement filed suit in federal district court challenging the constitutionality of the legislation. What is the appropriate standard by which the court should review the constitutionality of the state legislation?

Because the state legislation does not improperly discriminate against a suspect class or burden a fundamental right, the woman will have to show that the legislation is not rationally related to any legitimate state interest.