Constitutional Law MBE Qs

Question 1

Q89: As permitted by state law, a large city in the state adopted an ordinance legalizing slot machines in shopping malls within the city. several citizens were mad because gambling was against their religion. So they got their representative in congress to sponsor a bill to make it illegal to place slot machines in shopping malls throughout the country. Congress made a factual finding that activity regulated has substantial economic effect on interstate commerce and passed the statute. Is this constitutional?

Answer 1

Yes, congress has plenary power to regulate interstate and foreign commerce. they can regulate channels, instrumentalities, and activities that substantially effect commerce. All they need is a rational basis for doing so. D. is the answer.

Question 2

Q. 94: One provision of a federal law provided that state governments may enact legislation regulating any form of pinball machine or video game, including location and hours of operation. In response, A western state enacted legislation that said that any game sold or operated in the state has to have a particular LCD screen. A corp. that designs video games challenges the statute to enjoin it because of the increased cost to use these screens. Is the statute valid?

Answer 2

For the state, because Congress has acted within its power to authorize video game regulation by the states. If congress authorized states to discriminate against out of state it is ok. If congress didnt give states the authority, laws in favor of in states are usually unconstitutional. If it doesnt discriminate then does the law have a legitimate interest? tenth amendment.

Question 3

Q117 The statute in a neighboring state in which a chain owner will open his food stores prohibits the sale of bulk food because of health hazards. the state has prosecuted other grocer violations of this law. the chain store owner seeks an injunction. Does he have standing?

Answer 3

Yes he passes the test.
Standing Test:
1) injury in fact - he entered into contracts
2) causation - state law caused him to be in breach of ks
3) redressability - the court has to fix what is wrong

Question 4

Q131 A merchant owned a skate rental business that she operated out of a van. City passed an ordinance saying that people could not roller skate from hours of 7. a.m. to 9p.m. if the merchant seeks to enjoin the law what should the court rule?

Answer 4

Yes, generally there is no third party standing but here because all three of the elements are met and there is a nexus between her business and the public’s rights. They are linked.

Question 5

Q110 legislation required farmers in certain countries of a western state to use drip irrigation systems. A farmer refused to do this and a state court enjoined him. Farmer appealed to the state supreme court, renewing his trial court claims that government cannot intrude in private commercial activities. the state supreme court held the statute violated the state constitution and was preempted by federal law. If the state petitions for certiori to Supreme Court how should the court rule?

Answer 5

Deny the petition because the state has made a ruling on adequate and independant state grounds. The Supreme court hearing this case will not change the outcome.

Question 6

When can the supreme court review a judgment from a state court?

Answer 6

They can review a:

• Final Judgment
• Judgment from the highest state court
• a substantial federal question was raised
• state court decision did not rest on independant and adequate state grounds.

Question 7

Q130 Federal Legislation made the marketing of sale of oranges subject to the control of a local marketing authority. The Marketing authority determined what quantity of oranges could be sold, the price, and the location. These decisions were made by a council selected by the federal DOA. The legislation provided that when a grower is subject to a marketing order, they could challenge the order and the council must submit it to a US district court with their reccomendation whether to modify, confirm, or rescind the oder. After the disctrict court hearing, the council must revote on the challenged marketing order. The farmer brought suit to enjoin the marketing order in the U.S. district court. How should the court rule is the grower likely to prevail?

Answer 7

Yes, the grower will prevail here. If judgment of federal court has no legal effect on the parties it is just asking them for an advisory opinion, which is not allowed.

Question 8

Q 158 Congress passed a statute to make college tuition free. the statute increased funding to states for this purpose; however, it made all federal funding to states dependant on the state making state universities tuition free to U.S. citizens, and several state budgets consist of as much as 50% federal funding. Some states do not want to participate but are afraid to lose federal funding. Will the court uphold the statute if challenged by the states?

Answer 8

NO, this condition is unduly coercive. Congress can impose conditions unless they are unduly coercive. This is here because they threaten to take all their funding away.

Question 9

Q10 A state statute prohibited the state and any county, municipality, or other governmental unit within the boundaries of the state from hiring as a civil engineer any person who is not a citizen. A well qualified engineer who was not a U.S. citizen applied for a position but was turned down because of his foreign status. The engineer files suit claiming that the statute violates the equal protection under the Fourteenth Amendment. If the engineer prevails what is the reason?

Answer 9

The state has failed to prove that the law is necessary to achieve a compelling government interest. This is a resident alien. Who is discriminating? a state, which means strict scrutiny unless the state is acting within the exception of banning non citizens from government functions like police and school teachers which drops to rational basis.

Question 10

A state’s pension program provided supplemental state pension benefits to surviving spouses and children of state employees. The program provided that when the spouse remarried the spouse’s benefits would be gradually terminated based on a statutory formula. Different formulas were used based on male or female. a male brought forth an action because of its discriminatory effect and that it unfairly burdened his right to marry. What is the burden of persuasion in this case?

Answer 10

The state must demonstrate that the program is substantially related to an important government interest. Intermediate scrutiny here because gender.

Question 11

Q73. Concerned about the rising death toll on state highways, a state legislature enacted a statute providing for a summary one-year suspension of the drivers license of any person convicted of three speeding violations within a 12 month period. The statute provided that an administrative hearing is immediately available upon request. However, that hearing is limited to a determination of whether the licensee is the same person who is convicted. A driver was convicted and her license suspended. Without first seeking an administrative hearing, the driver diled a suit in federal district court. Should the court hold the state law constitutional?

Answer 11

Yes. because the states interest in promptly removing unsafe drivers from its roads outweigh the driver’s rights to a prior hearing. Under procedural due process, you must have a notice and hearing when there is a deprivation of life, liberty, or fundamental interest. Note there are no irrebutable presumptions in con law.

Question 12

Q20 Common practice in a state for a security interest in land to be structured as a deed absolute, which gave the lender absolute title to the borrowers property as security for the loan. A new governer outlawed this practice and declared that all such deeds would be considered mere liens on property. the law applied to loans in the future and those that were in existence when the legislation was passed. The challengers challenge the law. What is their strongest argument?

Answer 12

Their best argument is that as applied to the loans outstanding at the time the bill was enacted, the law impairs contract rights of the lenders and such rights are guaranteed under the contract clause. K clause only applies to state laws that retroactively invalidate or substantially impair already existing contracts.

Question 13

Q.21 a Philanthropist told his fried who was a state governer he planned to build a museum. the governer offered to arrange the state to purchase land for the museum to be bigger. The philanthropist agreed. The philanthropist began hiring people but would not hire someone based on their german descent. the german guy brought suit agains the museum claiming that the hiring practice violates his constitutional rights. How is the court most likely to rule?

Answer 13

The court will hold this to be constitutional because the museum is a private entity and so may constitutionally hire and fire as it desires. There is no real state action here nor is the private museum participating in government functions.

Question 14

Q 163. A National Park Service created a new personell level for field employees which would become the highest salaried position. the position is limited to empoyees over six feet tall. A female ranger who is five three seeks advice as whether she can challenge the validity of the height restriction. What is the strongest argument against the validity of the restriction?

Answer 14

Because most women are less than six feet tall, the restriction is an invalid discrimination on the basis of gender in violation of the DPC of the Fifth Amendment. EPC does not apply to federal action! only to state!

Question 15

Q. 197. The industrial city in the midwest has approximately 330k inhabitants and about half of them were members of a racial minority. The city decided to raise the bus fares during rush hour. This was hardest on the poor and racial minorities. Community activitists challenged the the fare increase. Is this constitutional?

Answer 15

The fare increase is constitutional because there is no evidence that the city council acted irrationally or was motivated by an intent to discriminate based on race.

Question 16

Q8. To encourage minority business to foster pride in minority heritage, a state adopted legislation exempting magazines and other periodicals from state reciepts of taxes if the articles devoted publishing on minority issues. A publisher produced a sport magazine and was denied commission for the tax. the publisher sued for a refund after being forced to pay. How will the court rule?

Answer 16

In favor of the publisher, because the tax violated the First Amendment freedoms of speech and press. State is trying to tell you what to print in your magazine here.

Question 17

Q194 The legislature of a state was concerned that the numerous and strident television, radio, newspaper advertisements by auto dealerships annoy and mislead the public. Therefore, it enacted comprehensive legislation regulating the timing and content of such ads, limiting their duration and frequency, and types of claims and information. Is this constitutional?

Answer 17

It is constitutional if it does not prohibit the dissemination of truthful information about price and the availability of products, and is narrowly tailored to serve a substantial government interest. Commercial speech, zoning for adult stores and dancing, symbolic speech, time, place and manner restrictions all get intermediate strict scrutiny. need that substantial gov. interest.

Question 18

Q198 A library wanted to alleviate scheduling burdens so they provided that meeting rooms were open to only library purposes, by the library staff, the library board, or groups affiliated with the library. A local organization that promoted political interest of an ethnic minority wanted to hold a meeting. The library director denied their request. the organization filed suit. How is the court likely to rule?

Answer 18

Since the library is a non-public forum not usually associated with free speech, the rational basis standard applies. As long as the restriction is view point neutral then it is upheld.

Question 19

Q77 To combat fraud and misuse of drivers license a state department required that driver licenses display a photograph of the person whose name is on the license. the regulations did not provide any exemptions for the requirement. a religious sect who believed having ones photo taken was sinful challenged the state regulation in court. Is the court going to uphold the statute’s regulation to the religious group?

Answer 19

Yes, because the enactment of the regulation was not motivated by a desire to interfere with religion. Government cannot burden or publish people for their religion under the free exercise clause. If a state law’s application is neutral, no free exercise clause problem.

Question 20

A state legislature enacted a program by which students in the public high schools could request instruction as to specific religions and religious beliefs and this participate in public school programs in which leaders of the religious involved gave religious instruction and performed religious practices on school grounds. The program provided instruction on any religion requested by a student. What is not relevant to assess the constitutionality of the religious program?

Answer 20

The state does not have a compelling interest in instructing public school students about specific religions. This is an establishment clause issue. The lemon test says there must be PEE. a Secular Purpose, a Primary Effect neither advances or prohibits religion, and no excessive entanglement with religion.

Question 21

Q3 Congress Passed a statute requiring energy consumption be reduced by a specified percentage, to be set by a presidential executive order. The statute provided specific standards that the President must use in setting the percentage, and detailed procedures to be followed. Is the statute constitutional?

Answer 21

Yes, because it creates a limited administrative power to implement the statute. congress has broad discretion to delegate its legislative power to executive officers or administrative agencies. delegations of legislative power of the executive branch are almost always upheld. However, there must be some standards. cant just give him a blank check.

Question 22

Q10 85% of tobacco products are sold in the United States originate from the production of one state. its legislature passed a law prohibiting cultivation of tobacco in the state, citing severe health risk concerns. In response, Congress enacted legislation specifically authorizing and encouraging the growth of tobacco by providing tax and federal supsidies for tobacco growers. will the federal law compel the state court to dismiss the action if a tobacco grower is prosecuted under the state law?

Answer 22

Yes, because congress can use their commerce power to regulate activities that have substantial economic affect and the state law is inconsistent with the state statute.

Question 23

Q11 The President issued an executive order prohibiting exportation to certain countries of specific computer software that, although not usable directly to develop nuclear weapons , would facilitate nuclear weapon technology. congress had previously passed a law authorizing the issuance of such order, a computer software company contracted with one of those countries for software that is now banned for sale. What effect does the executive order have?

Answer 23

the executive order is constitutional because Congress has plenary powers to regulate commerce with foreign nations and has used that power to authorize such orders. Here Congress issued this power to regulate foreign commerce to the president so it is constitutional.

Question 24

Q19 Congress enacted a statute making it illegal to sell reading glasses without a prescription. The statute provided that any business violating the statute after it becomes affective is guilty of a misdemeanor, punishable by the imposition of a 300$ fine and the loss of its business license. A drugstore owner had maintained a large rack of nonprescriptioin reading glasses for years. He was able to offer them at low prices because he had a contract with a supplier. after his store was inspected, he got a letter saying that his license was revoked and the letter was the first form of notice he recieved. What is the owner’s best defense against the revocation of his business license?

Answer 24

Due Process Clause

Question 25

Q12 The state capital building made a contract with a company to remodel the building. the state then rescinded the contract for budgetary reasons. if the company brings suit in federal court to enjoin the cancellation of the contract which party will the court rule for?

Answer 25

the company because it had a valid contract. a state violates the prohibition against impairing the obligation of contract when it substantially impairs any contracts to which it is a party and the impairment does not meet the various exceptions recognized by Court.

Question 26

Q13 to crack down on illegal immigration, congress passed a law giving a federal agency the power to make rules to reduce crime related to illegal immigration. The agency passed a rule requiring state police officers to verify the identity of anyone who is arrested, determine whether they are legally in the country, and if proper documentation cannot be verified, detain them while alerting federal authorities, who will either deport or clear them. The state refuses to comply. The federal court files an action against the state. Who will prevail?

Answer 26

The state because the Tenth Amendment prevents the federal government from requiring state officers to act. This violates the Tenth Amendment because it requires state officers to detain them before they are cleared of violating state laws.

Question 27

Q17 A state retirement system deducts a fixed percentage of an employee’s pay each pay day. retirement benefits are paid at age 65 for the life of the employee. Statistics reveal that the life expectancy of a male at age 65 is less than the life expectancy of a female at the same age. They make the males recieve higher benefits. A female employee challenges the system. What is the applicable standard of review the court should apply?

Answer 27

The state should be required to show that the classification is substantially related to the achievement of important government objectives. gender = intermediate scrutiny

Question 28

Q18 A state law provided that only citizens of the united States may be hired by any governmental unit within the state. A citizen of the phillipenes, who is a legal resident of the state for five years, was awarded a medical degree and applied for a job in the state government. She was denied and filed the suit in federal court. What is her best constitutional argument?

Answer 28

The debtors best argument is the Equal Protection Clause. The Supreme court has ruled in a handful of cases that a state may require citizenship for important state jobs that directly affect the political process, provided the state has a rational basis for such discrimination. this is the exception to the usual rule is that alien is a suspect classification and is subject to SS

Question 29

A defendant stood accused of murdering a family of six in a small town. The judge concerned not only about the prejudice to the defendant’s right to a fair trial but also about media attention and public opinion in such a small locale, issued an order forbidding the press from attending the trial or publishing any details of the testimony at trial. If a local newspaper sues in federal court to have the judge’s gag order overturned, will the newspaper prevail?

Answer 29

Yes, because this is a prior restraint in violation of the First Amendment. Prior restraint will only be upheld if it is the only way to preserve a fair trial. Usually invalid.

Question 30

Due to violence erupting against picketers advocating automatic deportation of foreign persons accused of a crime, a state enacted a law prohibiting all picketing “carried out for the purpose of deterring others from exercising their constitutional rights.” What is the strongest constitutional defense?

Answer 30

the First and Fourteenth Amendment rights of free expression and assembly, because the statute excessively restricts the marketplace of ideas. It is unconstitutional for the government to place burdens on speech because of its content. The state would have to establish a compelling interest behind the legislation for the law to be valid.

Question 31

Shortly after a professor at a state university completed her second year of teaching, she was informed that her contract was not being renewed for the following year. By state law, a professor does not acquire tenure until after she has completed three consecutive years of teaching. Before acquiring tenure, state law does not require either a statement of reasons or a hearing when a professor’s contract is not renewed, and the university administration refused to give either to the professor.

Which of the following, if established, sets forth the strongest constitutional argument that the professor could make to compel the university to furnish her a statement of reasons for the failure to rehire her and an opportunity for the hearing?

Answer 31

Her strongest constitutional argument is that there was evidence that the reason they did not rehire her had nothing to do with her ability to teach. The professor is an at-will employee, and under most circumstances may be discharged “for any reason or no reason at all.” Thus, normally, evidence regarding the motives for dismissal is irrelevant. The question here, however, is what the strongest argument is that the professor could make, and (D) creates at least an inference that an impermissible motive might be present (gender, free speech, etc.).

Question 32

During a presidential campaign, a candidate’s campaign manager secretly engaged in activities that may have violated both state and federal laws. After the candidate was elected President, the FBI investigated the manager’s activities as well as whether the President was involved. After the campaign manager was indicted in federal court, but before trial, the President granted a blanket pardon to the campaign manager for “all federal crimes that may have been committed in the past 20 years.”

Is the pardon valid?

Answer 32

Yes, the President’s Pardon power is an unqualified power (except as to impeachment). The pardon is valid. Article II, Section 2 of the United States Constitution grants the President the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. This pardon power is not subject to control by Congress, and it includes the power to commute a sentence on any conditions the President chooses (as long as the conditions do not offend some other constitutional provision).

Question 33

A state’s highway speed limits were 65 miles per hour in its flat land regions and 55 miles per hour its mountainous regions. To reduce traffic fatalities and combat the fact that most of the vehicles on state highways were exceeding posted speed limits, the state legislature proposed banning the use of radar detectors. Citizens in the mountainous regions of the state, where most of the state’s highway fatalities occurred, generally supported the ban, but citizens in the flat regions of the state opposed the ban, so the legislature adopted a law banning use of radar detectors on any road with a speed limit below 60 miles per hour.

A driver whose car was equipped with a radar detector lived in the mountainous region of the state but frequently drove to the state’s flat region. While on a mountain highway with a posted speed limit of 55 miles per hour, the driver was pulled over by a state trooper for speeding. While approaching the driver’s car, the state trooper noticed that the driver’s radar detector was turned on. The trooper ticketed the driver for both speeding and illegal use of a radar detector. The driver challenges his ticket for use of the radar detector, arguing that it is unfair to allow people in the flat lands to use radar detectors while prohibiting residents of the mountainous region from using them.

Which of the following statements is correct regarding the burden of proof in such a case?

Answer 33

The driver will have to prove that the law is not rationally related to a legitimate government interest. There is no fundamental right or suspect qualification here.

Question 34

A town with a population of 30,000 merged with a city of 60,000. To protect voting rights of the citizens of the former town, a proposal was made that for a period of 20 years, beginning at the date of the merger, the city council of the merged city would consist of six persons. Each formerly separate municipality would be divided into three council districts. Each district from the former town would have approximately 10,000 residents, and each district from the former city would have 20,000 residents. A mayor would be elected at large. Before this proposal was placed on the ballot, the state attorney general issued an advisory opinion stating that the proposal was not in violation of any state statutory or constitutional provision. The proposal was placed on the ballot and was carried by large majorities in both the town and the city, and the districts were carved out.

Three taxpayers filed suit to enjoin the holding of an election with council districts of such disparate proportions. The suit reached the state supreme court, which ruled that the governmental formula was constitutional under both the state and United States Constitutions. The plaintiffs wish to take the case to the United States Supreme Court.

How should the Supreme Court proceed?

Answer 34

Here the federal issues involved but not the state issues. The supreme court review a case from the highest court in the state that can render an opinion on the matter if a state statute’s validity is called into question under the federal Constitution. [28 U.S.C. §1257] . this is not an adequate independent state grounds ruling because they did not hold it invalid so a Supreme Court ruling would change the outcome of the case.

Question 35

A state provided for a public school system based primarily on property tax revenues from the various districts. School districts that had a property tax base below a certain threshold received supplemental funds from the state that were derived from state lottery revenues. The school districts receiving the supplemental funds served a predominantly Hispanic population as compared to the school districts funded only from property tax revenues.

To help balance its budget this year, the state legislature passed a statute terminating the supplemental funds program and earmarking the lottery revenues for deficit reduction. A group of parents of Hispanic schoolchildren in one of the school districts formerly receiving supplemental funds filed suit in federal court, alleging that the state’s action in terminating the funding violates the Equal Protection Clause of the Fourteenth Amendment.

Which of the following best describes the appropriate standard by which the court should review the constitutionality of the state action?

Answer 35

To prevail, the parents will have to show that the statute does not meet the rational basis test. Under that test, a law is presumed to be valid and will be upheld unless the challenger can make the difficult showing that it is not rationally related to a legitimate state interest. Here, the statute terminating the funds did not target a suspect classification and did not burden a fundamental right, so the rational basis test applies.

Question 36

An attorney was employed by the United States Department of Health and Human Services in a regional office located in a tobacco-growing state. A labor contract between the agency and the clerical workers union contained a policy providing for termination of union employees only for certain specified grounds. The attorney, however, was not a member of the union and not covered by such a policy. The attorney was angered by the regional director’s refusal to adopt a no-smoking policy for employees and visitors in the office. She posted a notice in the employee cafeteria ridiculing what she called the hypocrisy of an agency promoting health issues and nonsmoking programs while refusing to provide its employees with those same opportunities. The notice prompted a great deal of debate among the employees and was brought to the attention of the regional director, who was very displeased.

Which of the following statements is most accurate regarding the director’s right to dismiss the attorne

Answer 36

If the attorney is fired, she has a right to a hearing to determine whether her First Amendment rights were violated by her dismissal. Under the Due Process Clause of the Fifth Amendment, a person has a liberty interest in the exercise of specific rights provided by the Constitution, including freedom of speech. If a government employer seeks to fire an employee for speech-related conduct when the speech involved a matter of public concern but is not made pursuant to her official duties, the courts must carefully balance the employee’s rights as a citizen to comment on a matter of public concern against the government’s interest as an employer in the efficient performance of public service. Under the Court’s expansive interpretation of what is a public issue in this context [see Rankin v. McPherson (1987)], the attorney’s statement would probably qualify. At the very least, she can make a sufficient showing that her termination violates her free speech rights to be entitled to a hearing on the issue under procedural due process principles. [See Givhan v. Western Line Consolidated School District (1979)]