Constitutional

Question 1

A state statute makes criminal “all speechmaking, picketing, or public gathering of any sort on the steps of the supreme court courthouse Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m., when court is in session.” A citizen is upset about a supreme court decision that was just released and stands on the steps of the courthouse at noon, while court is in session, handing out leaflets and exhorting passersby to vote the state supreme court justices out of office. The citizen is prosecuted for violating the statute.

If the citizen challenges the validity of the statute, who has burden of proof and what is the burden?

Answer 1

The citizen will have to show that the statute was not reasonably related to a legitimate government purpose.

Other than streets, sidewalks, parks, and designated public forums, most public property (including a court building and its grounds) is considered to be a limited public forum or a nonpublic forum. The government can regulate speech in such a forum to reserve the forum for its intended use. Regulations will be upheld as long as they are (i) viewpoint neutral, and (ii) reasonably related to a legitimate government purpose.

Question 2

Due to budget shortages and a critical need of funding to fight a war, Congress enacted a $25 tax on each person flying into an airport in the five most popular vacation destinations in the country, as determined by Congress. The tax was implemented, and officials in the five destinations were outraged, fearing that the number of vacationers to the taxed destinations would decrease due to the tax.

If the tax is challenged in federal court by an official with standing, is the most likely result that the tax will be held constitutional?

Answer 2

The destination tax will likely be held constitutional under Congress’s taxing power. Congress has the power to lay taxes under Article I, Section 8, and a tax measure will usually be upheld if it bears some reasonable relationship to revenue production or if Congress has the power to regulate the taxed activity. Despite the protest from the officials of the affected locations, the tax here does appear to be related to revenue production and so will be upheld.

Question 3

In an effort to protect the dwindling California condor population, Congress enacted the Condor Preservation Act, which made it illegal to take or sell any part of a California condor. The constitutionality of the Act is challenged by a seller of gifts and artifacts, including artifacts made out of California condor feathers.

Is the statute valid?

Responses
A No, the statute violates due process because the absolute prohibition on sale is an effective taking under the Fifth Amendment Due Process Clause without just compensation.

B No, because the statute is discriminatory as applied.

C Yes, because the statute is rationally related to interstate commerce.

D Yes, because the statute is designed to protect a dwindling national resource

Answer 3

The statute is valid because it is rationally related to interstate commerce. Regulating the sale of an item made from a California condor clearly affects commerce. Thus, Congress can act under its broad commerce power.

Question 4

What is the standard for Strict scrutiny?

Answer 4

Necessary to achieve compelling government purpose

Question 5

What is the standard for intermediate scrutiny?

Answer 5

Substantially related to an important government purpose

Question 6

What is the standard for rational basis?

Answer 6

Rationally related to legitimate government purpose