Constitutional Law

Question 1

Cabinet secretary asks Supreme Court to interpret meaning of federal treaty. Can the court hear the case?

Answer 1

No. Cannot render advisory opinion.

Question 2

Plaintiff seeks a declaration on law not enforced for 80 years. Can federal court hear case?

Answer 2

No. Not ripe.

Question 3

FDA requires labeling drugs and failure would result in criminal and civil penalties. Drug company seeks declaration that FDA lacked authority. Can federal court hear case?

Answer 3

Yes. Case is ripe because there is a substantial hardship.

Question 4

Strip club that city sought close closes. Owner of strip club retires. Can owner bring an action for First amendment against city in federal court?

Answer 4

No. Case is moot.

Question 5

Prisoner seeks to challenge prison conditions. Prisoner files suit. Sentence is served and prisoner is released. What should court do?

Answer 5

Dismiss. Case is moot. Not an on going injury.

Question 6

A city sets up six voting districts with different number of voters. One district has 50,000 and another 10,000. Taxpayers from one district seek to enjoin the city from holding an election on grounds that voting is disproportion. Best grounds for constitutional challenge?

Answer 6

Denial of equal protection. Cannot have state dilution of voting. Look for size of variance, very strict.

Question 7

Congress passes a law denying benefits to disabled persons who marry non-disabled spouses. A disabled person marries a person who is not disable and is denied benefits. Best constitutional grounds for challenge.

Answer 7

Due process of fifth amendment. Act of congress is key.

Question 8

A state passes a law denying benefits to disabled persons who marry non-disabled spouses. A disabled person marries a person who is not disable and is denied benefits. Best constitutional grounds for challenge.

Answer 8

Equal protection of 14th amendment.

Question 9

A protestor dumps trash out during a speech to make a point. Protestor fails to clean up trash. Later protestor is charged with littering and seeks to defend conviction on constitutional grounds. Result?

Answer 9

Lose, because prosecuted for conduct and not what was said.

Regulation of conduct must be independent of speech.

Question 10

Congress passes a law that if troops are deployed in another country the President must return the troops in 60 days or seek a declaration of war. Congress’s best grounds for constitutionality?

Answer 10

balance between the legislature and executive branch in shared control over the armed forces.

Question 11

Citizens seek to enjoin state legislature from expending moneys in violation of establishment clause. The legislature moves to dismiss. Result?

Answer 11

Granted, because the Eleventh Amendment bars this type of action against a state.
State legislature is the state.
Would be ok if suing state officials.

Question 12

A man with a history of hallucinations is walking on sidewalk and strikes a woman with a bottle causing injury. The woman sues for battery. The man’s best defense?

Answer 12

Man did not know he was striking a person. Would lack intent if man did not know woman was a person.
Self-defense is not available - must be reasonable.

Question 13

A worker places a drug in the boss’s drink as a joke. Boss has severe reaction and is taken to hospital. Hospital negligently releases the boss who drives into an wall and suffers injuries. Boss sues the worker for injuries. If jury finds that the accident was not foreseeable, what result?

Answer 13

Find for Boss because worker intended for the Boss to ingest the drug. This sets in motion a force that brings harm to Boss.

Question 14

An employee carelessly dropped a coin into a popcorn bag. A mother bit into the coin and it caused her to remember her son’s hospitalized after swallowing a coin. The mother sues the employee’s company over the emotional distress. Result?

Answer 14

Lose, because mother suffered no actionable harm. Need actionable harm for negligent infliction of emotional distress.

Question 15

A technician improperly strapped a patient to a table. During the testing, the patient fell from the table because the bolts connected to the straps failed. The patient sues the table manufacturer on strict liability. Result.

Answer 15

For the patient because the table was dangerously defective.
ordinary negligence dose not relief manufacturer from liability.

Question 16

Chemical plant carefully stores chemicals in state-of-the-art tanks that leak into ground and contaminants the drinking water. This causes the city to spend more money on a water filtration. The city sues the chemical plant. At close of city’s case, the chemical plant moves for a direct verdict. Should the court grant the motion?

Answer 16

No. If the court (not the jury) determines that as a matter of law the storage of chemicals creates an foreseeable risk of serious harm even if reasonable care is exercised.

Question 17

A state law prevents stores from selling glue to people under 18. A 16-year old who knows about the dangers of sniffing glue, goes to a store and purchases glue. The store owner believed that the kid was 19. The parents sue the store owner. The store owner alleges the kid assumed the risk. Successful defense?

Answer 17

No. Assumption of risk is not a defense when a statute specifically protects a class of persons.

Here the store owner is liable.

Question 18

A private citizen speaking on a matter of public concern was misquoted by a newspaper. This causes distress to the citizen who seeks to sue the newspaper over defamation. The citizen will win if?

Answer 18

Proves that the newspaper was negligent as the statement’s truth or falsity.

Question 18

A state bans clergy from holding local office. An elected clergy brings suit for constitutional violation. Result?

Answer 18

Violation of first amendment - free exercise of religion

Question 19

A local ordinance states that all parades are subject to obtaining a permit. The permit requires an application and a fee. The discretion to grant rests with the sheriff. A protest group seeks a permit and is denied. They allege constitutional violations. Result?

Answer 19

Violation of prior restrains on speech under first amendment.

Question 20

A public employee is fired for reporting wrongdoing to superior as required by office policy. Employee asserts constitutional challenge. Likely result?

Answer 20

Not a restriction on free speech. Result for government agency. If reporting was a letter to editor, then there would be a violation of free speech.

Question 21

State passes a law banning accountants from in-person solicitation. An accountant seeks to challenge the law on grounds of a violation of constitutional rights. Likely result?

Answer 21

invalid restriction on commercial speech. Commercial speech that is protected can be regulated to protect a substantial government interest that is narrowly tailored to advance the interest.

Question 22

State law bans advertising any price for alcohol in newspapers. The advertised price was not false or misleading. Is the restriction on advertising permitted under the constitution?

Answer 22

No invalid restriction on protected commercial speech.

Question 23

City bans adult bookstores from being within 1000 feet of schools, churches, and parks. An owner alleges a constitutional violation because less than 5% of city is available.

Answer 23

Ok regulation of speech. Not a constitutional violation.

Question 25

The import-export clause applies to the authority of a state to tax what?

Answer 25

foreign commerce, not interstate commerce

Question 26

A federal law makes possession of bald eagle feather without a permit to be a crime. A member of religion that uses the eagle feathers in rituals is found with a feather and no permit. Strongest constitutional grounds for prosecution?

Answer 26

Statute is neutral law that only incidentally burdens rights under the first amendment.

Question 27

A city sets up six voting districts with different number of voters. One district has 50,000 and another 10,000. Taxpayers from one district seek to enjoin the city in state court. State Supreme Court ruled formulation is constitutional under state and US constitutions. Case appealed to Supreme Court. Should Supreme Court hear case?

Answer 27

Yes, but only the federal issue and not the state issue. Supreme Court may grant certiorari to review a case from highest state court if the state's statute validity is called into question by US constitution.

Question 28

A student brings a class action in federal court challenging the residency requirements for in-state tuition. At trial, the student satisfied the residency requirement. The university files a motion to dismiss as moot. Ruling?

Answer 28

Denied. There is a live case and controversy. This is a class action, and class representative may continue to pursue even if their own case was moot.

Question 29

A state sets up an in-state messaging system to deliver letters between state employees for personal and official uses. Is the state's messaging system constitution?

Answer 29

No, violates federal monopoly given over postal services. Need Congress's authority to grant exception.

Question 30

A treaty is made between the president and a leader of another country. The Senate ratifies it. One year the other country violates the treat and the president declares treaty to be void. Is the President's action constitutional?

Answer 30

Yes, under the foreign policy powers of the President. Broad power.

Question 31

A foreign national completes a degree at an university and upon graduation seeks an job at the university. State law requires all university employees to be US citizens. The foreign national sues and state defends under the Tenth Amendment. Result?

Answer 31

State citizenship requirement is unconstitutional because citizenship is not necessary to achieve a compelling state interest. Tenth amendment applies only to powers not reserved to state, citizenship is given to federal government.

Question 32

A state, with legitimate interests, passes a law that any merchant selling goods within the state that are made outside of US must pay a $50 tax and add a label regarding origin. A foreign corporation sues the state officials. Constitutional?

Answer 32

No, unconstitutional. Regulation of foreign commerce is exclusively a federal power.

Question 33

State law bans televisions that consume a large amount of energy. A foreign corporate challenges the law as unconstitutional. Result?

Answer 33

Valid under dormant state commerce clause because it is non-discriminatory. No privileged and immunities of Article IV, because it is a corporation and foreign national.

Question 34

Federal government sought to protect animals in national parks and prevents hunting of any animal which leaves a national park. A hunter with a valid hunting license shoots a deer which left a national park on state land. Does the police powers of the federal government encompass protection of wild animals?

Answer 34

No federal police powers. This regulation would related to the necessary and proper clause to carry out constitutional authority (regulate federal lands)

Question 35

Husband and wife were professors at the US naval academy. Husband gave a speed criticizing US naval policy and was fired. The wife sued the naval academy for violating her husband's right of free speech and right to due process. Naval academy moves to dismiss. Result.

Answer 35

Granted. Dismissed because wife has no standing.

Question 36

A resident alien noticed that he was never called for jury selection. He researched and found no alien's have ever been on a jury in the county. He sues county officials to compel them to include aliens in venire panels. Result?

Answer 36

Will not succeed, because jury duty is a privilege and may be denied to aliens. Would have standing to sue because alleging a constitutional violation of equal protection.

Question 37

A company is adversely effected in gather natural resources due to the state run power company in an adjacent state. The company convinces its home state to sue the adjacent state in the US Supreme Court seeking an injunction. Result?

Answer 37

Allowed. State can act on its own behalf to protect natural resources within state. Controversies between states are brought in the US Supreme Court.

Question 38

15 people were protesting a government policy. A dozen people gathered to counter-protest. 50 police in riot gear met the protestors. The leader of the protester made a vocal denouncement that caused both sides to become more vocal. The police tell the leader to end the speech because it will result in a riot. Leader refused and is arrested and convicted. Leader appeals on constitutional grounds. Result?

Answer 38

Conviction will be reversed because the leader's arrest constituted an interference with First Amendment. Can only restrict speech when the police are unable to control an unruly crowd.

Question 39

Congress allocated $5 million to be exclusively for one research purpose. A state university received funds for a program that involved the research purpose along with other purposes. Justice department seeks to enjoin university from spending the money. Result?

Answer 39

Expenditure by university is unconstitutional because it violates the Supreme Clause. When congress regulates for an exclusive purpose it must be strictly complied with, substantial conformity is insufficient.

Question 40

Does a post suspension of a driver's license for driving while intoxicated violate due process?

Answer 40

No. States have a compelling interest to prevent drunk driving. Suspension of license is deriving of a property interest, but compelling interest prevails.

Question 41

Can congress spend money to accomplish goals that are not part of enumerated powers? If so under what power?

Answer 41

Yes. Can spend money for the common defense and general welfare.

Question 42

Can Congress condition grants of money for states based on activity that does not effect interstate commerce?

Answer 42

Yes. Congress can tax and spend for general welfare. Rational basis standard to establish a federal interest. Tenth amendment is not violated.

Question 43

Congress enacted a statute to provide grant money for states to buy new police cars within their jurisdiction. Is this a valid exercise of the 1) commerce clause power or 2) power to tax and spend for the general welfare?

Answer 43

power to tax and spend for the general welfare | - fewer restrictions that commerce clause

Question 44

A state statute may not place an ______ upon interstate commerce.

Answer 44

undue burden | - if it does then it violates the commerce clause

Question 45

What are three examples of state statutes that always violate commerce clause?

Answer 45

1) cannot pass a law that affect interstate commerce that protects local economic interest 2) state cannot totally bar export of natural resources 3) can only ban import of harmful product

Question 46

Strongest constitutional arguments for challenging prosecution of a federal statute that prevents prohibits publication of price information set by a federal agency. Due process, commerce, or first amendment?

Answer 46

First amendment. | - commerce clause is not a limit on federal power.

Question 47

State law allows slot machines in mall. A group of citizen were upset because this violates their religion. The ask Congress to pass a law to outlaw slot machines in malls. Congress also makes a factual finding that activity has a substantial economic effect on interest commerce. Is a court likely to uphold Congress's law?

Answer 47

Yes - only need a rational basis to regulate interstate commerce - a substantial economic effect is needed to regulate economic or noneconomic intrastate commerce

Question 48

Can Congress act a statute that allows states to enact legislation that would place a restriction on interstate commerce?

Answer 48

Yes, Congress passed the law within its commerce clause. | Tenth amendment is not needed to uphold state law.

Question 49

State passes a law to require at least 50% of manufacturing of computer be performed in state. Owner of computer store in that state challenges law. Is the strongest argument commerce clause, privileges and immunities clause of Article IV?

Answer 49

Commerce clause because store owner is a citizen of the state which passed the law. No violation of citizenship.

Question 50

State's commercial code states that "the minimum retail price of cheese sold in the state is $5 per pound." Would this statute be constitutionally applied to a resident of the state selling cheese in a state to a manufacturer or snack food, whose plant is located in a neighboring state?

Answer 50

No, unconstitutional. Burden on interstate commerce.

Question 51

State's commercial code states that "the minimum retail price of cheese sold in the state is $5 per pound." Would this statute be constitutionally applied to a residence from Canada selling cheese within the state?

Answer 51

No. unconstitutional. Regulation of foreign commerce is only for Congress.

Question 52

State's commercial code states that "the minimum retail price of cheese sold in the state is $5 per pound." Would this statute be constitutionally applied to a resident of the state selling cheese an army base within the state?

Answer 52

No; unconstitutional. Federal government and agencies are immune from state regulation, unless Federal government consents.

Question 53

State's commercial code states that "the minimum retail price of cheese sold in the state is $5 per pound." Would this statute be constitutionally applied to a resident of the state selling cheese to the state's Department of Education?

Answer 53

Yes. Constitutional. Intrastate activity that has no undue burden on interstate commerce.

Question 54

Federal and state law regulate same toxic chemical, but purpose is different. Federal law has higher limit to protect workers. State law has lower limit to protect food. If a person is found to violate the state law, is the state law preempted under the supremacy clause?

Answer 54

No. Different purposes then no preemption unless Federal Law clearly states that is it preempting state law. (not just same subject matter) - Not a Tenth Amendment power reserved to State because Congress could preempt field under Commerce clause

Question 55

Plaintiff claims that state law violates a state constitutional ground and is preempted by federal law. The state seeks to petition to Supreme Court. Result?

Answer 55

Petition by state is denied. Independent and adequate state ground.

Question 56

Can Congress under its commerce clause power have a federal court provide a recommendation on a council decision?

Answer 56

No. Federal court cannot give an advisory opinion - no case or controversy.

Question 57

Local ordinance prohibits skating between 7 am and 10 pm in public parks. A store rented skates. Can the store seek to enjoin the local ordinance?

Answer 57

Yes, court can hear the merit. Third party standing is valid because the harm effects store's customers.

Question 58

State law passes law requiring a certificate before having children if under 25 years old. A male, who is 22 years old and plans to marry and father children, seeks to challenge the state law. Result?

Answer 58

Not ripe - dismissed. Only in planning stage.

Question 59

Must a state give full faith and credit to a decision in another state based on dismissing a case for violation of statute of limitation.

Answer 59

No. Not a decision on the merits. Needs to be a decision that has 1) jurisdiction, 2) final, and 3) on the merits (not dismissed for statute of limitations)

Question 60

Can Congress direct the President to use federal troops to help with a national wide strike of truckers?

Answer 60

No infringes on President's commander in chief role.

Question 61

Is a constitutional violation if a state regulation substantially impairs the economic value under the takings clause?

Answer 61

No. Not a taking if there is some economically viable use for the property. Balance between the important government interest and continuous economic use of property

Question 62

State law prohibited any state agency from hiring engineers who are not citizens. A foreign engineer who was denied employment sued as violating the equal protection of the 14th amendment and if the engineer prevails it will be because:

Answer 62

State failed to provide that law is necessary to achieve a compelling government interest - strict scrutiny under Equal protection.

Question 63

State law on alienage are subject to what type of review under equal protection of the 14th amendment?

Answer 63

Strict scrutiny - law necessary to a compelling state interest exception: if state law prohibits alien participation in functioning of state government, then use rational basis.

Question 64

State law on alienage restrictions for teachers are subject to what type of review under equal protection of the 14th amendment?

Answer 64

Rational basis. This is an exception to the strict scrutiny rules.

Question 65

State law on alienage restrictions for police officers are subject to what type of review under equal protection of the 14th amendment?

Answer 65

Rational basis. This is an exception to strict scrutiny for all classifications based on alienage.

Question 66

State law on alienage restrictions for a notary public are subject to what type of review under equal protection of the 14th amendment?

Answer 66

Strict scrutiny. Not an essential function of state government, merely clerical and it will be subject to strict scrutiny - compelling state interest needed.

Question 67

Is alienage reviewed under a test that reviews whether the law is substantially related to an important government interest?

Answer 67

No. Alienage is subject to strict scrutiny - necessary to achieve a compelling interest. Substantially related to an important interest (quasi-suspect apply to gender and legitimacy)

Question 68

Who has the burden under strict scrutiny?

Answer 68

Burden is on government to show that law is necessary to a compelling state interest

Question 69

Who has the burden under rational basis?

Answer 69

Challenger of law has burden to establish serves no legitimate governmental purpose.

Question 70

Who has the burden under intermediate scrutiny for equal protection violations based on sex?

Answer 70

Government has burden to prove the law that is substantially related to an important government interest

Question 71

Federal law on alienage are subject to what type of review under equal protection of the 14th amendment?

Answer 71

rational basis | But if a state does it, then apply strict scrutiny most of the time.

Question 72

Classification based on age reviewed under a test that reviews whether the law is substantially related to an important government interest?

Answer 72

No. Age is not a suspect or quasi-suspect class. | Apply rational basis.

Question 73

Is an indirect impact on marriage, pension plans that pay different levels of income for female spouse, a violation of a fundamental right?

Answer 73

No, only a classification based on sex. Apply intermediate scrutiny and government has burden to show that law is substantially related to an important governmental interest.

Question 74

Is there a violation of due process for summarily suspending driver's license based on three prior convictions within the past 12-months?

Answer 74

No denial of due process because there was previous hearings for each of the convictions, no separate hearing is needed. State has a legitimate interest to removing unsafe drivers.

Question 75

A state law requires persons to live in state for one year prior to receiving health benefits provided by state. If a person who is a resident but denied benefits challenges the law and the court finds in favor it is because of what constitutionally violation?

Answer 75

Equal protection - strict scrutiny | Right to travel is a fundamental right that is entitled to strict scrutiny

Question 76

A state law requires persons to live in state for one year prior to receiving health benefits provided by state. A person who is a resident but denied benefits challenges the law as a violation of privileged and immunities under Article IV, Section 2. Result?

Answer 76

Not a violation of privileges and immunities, but a violation of equal protection. Privileges and immunities applies to citizens of other states.

Question 77

A big donor was building a museum and received a state land grant to build the museum. The museum excluded persons from German descent. Does the museum's actions violate the Constitution?

Answer 77

No - state action is not present. State action where private actor is performing an exclusive state function or government is significantly involved

Question 78

A big donor was building a museum and received a state grant of $100,000,000 to build the museum. The museum excluded persons from German descent. Does the museum's actions violate the Constitution?

Answer 78

No state action based solely on grant of land/money or licensing of activity.

Question 79

National Park Service restricted highest paid salary to field agents who are taller than 6 feet. A female field agent who is 5'3" sues and what is her best constitutional grounds?

Answer 79

Violate the due process of fifth amendment because this is federal action. If a state action, then it an equal protection of 14th amendment.

Question 80

A city raised bus fares. The city has a substantial minority population and most of that population was poor. The city counsel had no minority or poor members. If an activists seeks to strike down the law as unconstitutional, what is the result?

Answer 80

Fare increase is constitutional. Standard is rational basis. A discriminatory effect is not sufficient, must be a discriminatory intent.

Question 81

A state law allowed magazines to avoid a tax if 20% of the articles are dedicated to minority issues. If a publisher sues, what result?

Answer 81

Unconstitutional. First amendment trumps the strict scrutiny (necessary to a compelling interest).

Question 82

If a local ordinance prohibits picketing on a public street or sidewalk directed at a specific residence, what result if challenged?

Answer 82

Ordinance is constitutional because it is: 1) content neutral 2) narrowly tailored to serve an important government interest 3) leaves open alternative channels

Question 83

A time, place, and manner regulation of speech need only be narrowly tailored to serve an _______ interest as long as it is content neutral.

Answer 83

important

Question 84

A time, place, and manner regulation of speech need only be narrowly tailored to serve an _______ interest if it is not content neutral.

Answer 84

compelling

Question 85

A state law required photographs to obtain driver licenses, and had no exemptions. A religious sect prohibited its members from having their picture taken. Is the law constitutional?

Answer 85

Yes - generally applicable law is constitutional. Not a violation of Free Exercise Clause does not require exemptions.

Question 86

A state law would be unconstitutional under the Establishment Clause if it fails to:

Answer 86

1) have a secular purpose 2) primary effects neither advances or inhibits religion; and 3) does not produce excessive government interest

Question 87

Privileges or immunities of 14th amendment is always a wrong answer, unless ____.

Answer 87

1) violation of fundamental right to interstate travel; or | 2) right to petition federal government

Question 88

State and local law may impair a private contract when?

Answer 88

no substantial impairment of existing rights in a contract is invalid, unless: 1) important governmental purpose 2) reasonably related means

Question 89

Ex post facto applies to what types of statutes?

Answer 89

Criminal laws only. | Does not apply to civil laws. (may violate due process/equal protection)

Question 90

State law prohibits loud public gatherings within 200 feet of legislature, but permits silent protest. At protester at a public park across the street from the legislature builds up the crowd to march on the legislature. The crowd reaches the front of the legislature and the protester is arrest. Valid under First Amendment?

Answer 90

Constitutional (time, place, manner) on its face and as applied to protestor

Question 91

State statute recognizes validity of property agreements between unmarried couples, but makes the agreement void if a party was married to another. The party who was not married seeks to challenge the constitutional. Result?

Answer 91

That party needs to show that the statute is not rationally related to a legitimate government purpose (hard to show and usually will not be successful). - Property interest entitled to rational related test.

Question 92

When does a public employee have a property interest in employment?

Answer 92

When firing can only be for "cause" | - entitled to due process prior to firing.

Question 93

When a public employee is not a member of a union and can be terminated for any reason, is the employee entitled to due process prior to firing?

Answer 93

No due process because there is no property interest.

Question 94

Is a public employee who can be fired for any cause entitled to due process for protesting cartoons in the cafeteria that challenges the agency's hypocritic actions?

Answer 94

Yes. First amendment requires due process prior to firing.

Question 95

What test is used for a state's discrimination based on alienage when the job is for public teacher?

Answer 95

rational basis.

Question 96

High requires pregnant teenagers to attend special courses, not normal courses. A 15-year who is pregnant objects and files suit in Federal District Court. Prior to trial, girl gives birth and is reinstated in regular courses. Should the federal court hear the case?

Answer 96

Yes, because the injury is capable of repetition but evading review.

Question 97

City a permanent display of secular and religious plaques donated by various groups. A religious group not represented petitions the city to add their plaque. The city refuses. Result?

Answer 97

City; because the city may pick and choose messages it wishes to convey

Question 98

Does a senator have standing to challenge a law that gives the president a line-item veto?

Answer 98

No. This is a institutional harm that is not personal to one senator.

Question 99

Does the president have constitutional authority to exercise a line item veto?

Answer 99

No, violates presentment clause of the constitution

Question 100

If an organization is claiming religion to obtain governmental benefits, can the court decide whether the followers' beliefs occupy a place in their life parallel to those occupied by orthodox religions?

Answer 100

Yes, need to determine whether the followers's beliefs are religious and sincere. Cannot question the person's religious beliefs

Question 101

Can Congress confer standing through a statute?

Answer 101

No. Standing must be based on a concrete injury

Question 102

For a state to discriminate under the privileges and immunities clause of Article IV, does the state need to show a compelling interest?

Answer 102

No. Wrong standard. | Need to show a substantial interest for the discriminatory treatment.

Question 103

For a state to discriminate under the privileges and immunities clause of Article IV, does the state need to show a substantial interest?

Answer 103

Yes.

Question 104

Can a statute passed by Congress that prohibits all speech be applied against a person who engages in constitutional unprotected speech?

Answer 104

No. Statute is substantially overboard even against those who engage in constitutionally unprotected speech.

Question 105

If a state imposes a one-year waiting period on governmental benefits for nonresidents, what is the strongest constitutional grounds?

Answer 105

Equal protection clause of the 14th Amendment | - burden on right to interstate travel.

Question 106

If a state imposes a one-year waiting period on governmental benefits for nonresidents, can the plaintiff challenge based on violation of the privileges and immunities clause of Article IV?

Answer 106

No. That only applies to residents of different states, not to residents within a state.

Question 107

Best challenge to a state's one year waiting period for residents to obtain welfare benefits.

Answer 107

Privileges or Immunities Clause of 14th Amendment (right to travel)

Question 108

Does a state violate the commerce clause with licensure requirements?

Answer 108

Generally no, because exception for important, noneconomic state interest (health/safety)

Question 109

If a state statute conflicts with a federal contract, what takes precedence?

Answer 109

Federal contract under supremacy clause

Question 110

State operates reduce-priced day care. This causing a 30% drop in business of private day care. Can the private day care seek an enjoinment? If yes, will they prevail?

Answer 110

Standing because there is a direct injury. | Lose because there is a valid exercise of state power (rational basis because a neutral economic regulation)

Question 111

A state created an agency organized along the lines of a private corporation. The agency took action in one county but not another. A group of residences in the second county seek to challenge. Result?

Answer 111

State will prevail - rational basis. | There is state action for the agency that is organized as a private corporation

Question 112

State passes regulations to protect state fisheries requiring licenses for a commercial fishing and must be engaged in commercial fishing for the pass ten years. A commercial fisher from a neighbor state is charged with violating the regulation and challenges the regulation. Result?

Answer 112

Unconstitutional. Under Privileges and Immunities of Article IV states cannot prohibit discrimination against nonresidents with respect to essential activities unless 1) discrimination is closely related to a substantial state purpose; and 2) less restrictive means are not available.

Question 113

Congress passes law to require employers whose services are used by the federal government to comply with gender compositions. A city has more stringent requirements. A private contractor does both federal and city contracts, and is in violate of the city requirements. Can the contractor argue the city law is preempted by federal law?

Answer 113

No. - Not conflict because city can impose more strict requirements than federal government.

Question 114

Federal government contract with a company to install communication lines. A state imposes a tax on all communication lines. Is the tax valid against the company?

Answer 114

Yes because is indirect and nondiscriminatory.

Question 115

Federal government contract with a company to install communication lines. A state imposes a tax on all communication lines. Is the tax invalid because it burdens activities of the federal government?

Answer 115

No. Valid tax because it is indirect and nondiscriminatory.

Question 116

Is a loyalty oath for a candidate for public office constitutional if it requires that candidate must affirm that he does not advocate the violent overthrow of the state or federal government?

Answer 116

Unconstitutional. Advocating is First amendment protected speech.

Question 117

Is a loyalty oath for a candidate for public office constitutional if it requires that candidate must affirm that he will oppose the violent overthrow of the state or federal government?

Answer 117

Constitutional. | Oath must not be overbroad or vague.

Question 118

Is an oath to uphold and defend state/federal constitutions and oppose the overthrow of state/federal governments constitutional?

Answer 118

Yes. | Does not depend that government is a privilege or right.