Exam Missed Questions

Question 1

When are time, place and manner restrictions (eg zoning ordinances) valid?

Answer 1

So long as they are narrowly tailored to serve a substantial government interest and do not unreasonably limit alternative avenues of communication.

Question 2

Congress can enforce 14 amendment rights through legislation that:

Answer 2

1. seeks to remedy or prevent state violations of the amendment
   ANd
2. is narrowly tailored - ie its requirements are congruent with and proportional to the violations it addresses.

Question 3

Is it true that congress can only overturn an executive agency’s actions by enacting new legislation?

Answer 3

Yes. This requires bicameral approval and presentation to the president for approval. Anything subverting this process cannot alter the executive agency’s actions.

Question 4

a state tax on imported goods is valid if : (3)

Answer 4

1. the fed gov. is still able to speak with one voice in foreign commerce
2. there is interstate harmony because the tax satisfies the complete auto requirements
3. the tax does not divert import revenue from the federal government.

Question 5

1st Amendment press and public right to attend trial exception:

Answer 5

Generally allowed to attend all stages of trial, including voir dire.

But in CRIMINAL trials the proceedings may be closed when the court demonstrates that the closure satisfies STRICT Scrutiny - least restrictive means to serve a compelling gov. interest.

Question 6

Does a state fishing law that prohibits federally licensed ships from fishing in the states waters violate the supremacy clause?

Answer 6

Yes, the supremacy clause says that provisions of the constitution, fed laws, and treatises are the supreme law of the land. Therefore, these preempt conflicting state laws.

The state laws are rendered void and without effect.