Judicial, Legislative, Executive Powers Flashcards
The IRS adopted a regulation granting tax-exempt status to hospitals that provide indigent individuals with emergency care, even if those hospitals do not provide indigent individuals with non-emergency care. A local organization representing indigent persons challenged the regulation in federal court, contending that the regulation encouraged the denial of non-emergency hospital care to indigent persons. The organization asserted that neither private nor charitable hospitals currently provided such are to indigents. The organization sough a ruling that the regulation was void considering the statutory limitation of a charitable tax exemption to entities that serve a charitable purpose.
Does the Organization have standing to contest the regulation?
No, because the regulation did not cause the hospitals to deny indigent individuals non-emergency care
A federal statute provides funds to States that choose to participate in a program to reduce homelessness. The program is overseen by a federal agency that determines whether a state is eligible for funding and works in conjunction with eligible and participating states to make sure that the program is properly administered.
A Woman who resides in a state that seeks to participate in the federal program brought suit in federal court to enjoin enforcement of the federal statute on the ground that the statute gives the federal government power reserved to the states. The woman also argued that the statute would increase her federal tax liability.
Does the woman have Standing?
No, because the woman has not suffered a concrete and particularized injury
A proposed federal statute would require all states to have specific number of drop boxes for voters to return their ballots based on the population of each country within the state and would allow residents of a state to sue that state for violating that statute. The proposed statute resulted after an investigation revealed that numerous states have reduced their number of drop boxes to disproportionately impact racial minority groups
What is the strongest argument to uphold the constitutionality of the proposed federal statute?
The statute is a means of enforcing the provisions of the 15th Amendment
Congress enacted a federal statute under its commerce clause power that made it a federal crime to direct a laser pointer at any person on public school or government property, or at the property itself. A man was arrested for directing a laser pointer through a window into a city police station. The man filed a lawsuit in federal court, alleging that the statute was an overreach of Congress’s Commerce Clause powers.
Is the statute likely a valid exercise of Congress’s Commerce Clause Power?
No, because the regulated activity does not have a substantial effect on interstate commerce
Congress provides funds to states that can be used to reimburse medical providers for procedures they perform for low-income individuals. A state that participates in this federal program enacted a statute that prohibits reimbursing providers for the cost of providing contraceptives.
A doctor who serves low-income individuals has submitted numerous requests for reimbursement of contraceptives pursuant to the program. However, the commissioner of the state agency administering the program has repeatedly denied the doctor’s requests pursuant to the state’s statute
The doctor sued the commissioner in federal district court, seeking an injunction against the enforcement of the statute on the ground that it violates an individual’s right to privacy.
May the court hear the suit?
Yes, because the doctor has Standing
A state statute provides a charitable organization from paying a fundraiser more than 25% of the amount raised in connection with any fundraising activity. The statute sought to address fraud in charitable fundraising activites.
A state official charged with enforcing the statute informed a professional fundraiser who regularly charges less known and financially smaller charitable organizations more than 25% of the amount he raised that he would be prosecuted and subject to fines if he continued to violate the statute. The professional fundraiser filed an action in federal court alleging that the statute violates a charitable organization’s free speech rights under the First and Fourteenth Amendments of the U.S Constitution because that statute’s over breadth in treating all fundraising charges over 25% limit as fraudulent has a chilling effect on the charities’ free speech rights.
Is the fundraiser likely to have standing to bring this action?
Yes, because the fundraiser and the charities share an inextricably close relationship, and obstacles exist that may prevent the charities from asserting their rights
A President of the United States entered into a mutual defense treaty with a foreign nation that recognized the foreign nation as a country. The Senate gave its consent to the treaty and the President ratified it.
A subsequent President initiated the process of establishing diplomatic relations with another country that claimed sovereignty over the foreign nation that had entered into the mutual defense treaty. The President then served notice of the intent of the United States to withdraw from the treaty effective within one year from the date of notice, as permitted by the terms of the treaty. The President also revoked the recognition of the foreign nation as a country. The President took these actions without consulting the Senate, which passed a nonbinding resolution that Senate approval is required to terminate any mutual-defense treaty between the United States and another nation but took no other action with respect to the matter. Prior to the termination of the treaty, six senators sued the President in federal court, contending that her actions were unconstitutional
Does the political-question doctrine prohibit the court from hearing the case?
Yes, because the Constitution has assigned this matter to the President
A terrorist organization invaded a political rally that was being held in a public park in the United States. Members of the organization were holding U.S. citizens hostage and assaulting them. In response, the President sent troops to the park to repel the organization. Three days later, Congress declared war on the foreign nation to which the terrorist organization belonged.
Was the President’s action constitutional?
Yes, because there were actual hostilities against the United States
After frequently failing to pay child support, a parent was sentences to six months in prison at a civil contempt hearing. The parent was unrepresented despite having requested that the State pay for an attorney to represent him. The parent filed suit against the State, arguing that its refusal to provide him with an attorney violated his constitutional rights. The state supreme court ultimately rejected the parent’s constitutional claim and held that the right to an attorney does not apply in civil contempt hearings.
The parents appealed the state supreme court’s decisions to the U.S Supreme Court, which granted certiorari to hear the case. However, the parent completed his sentence and was released from prison before the U.S. Supreme Court heard the case. The state moved to dismiss the parent’s pending case.
May the Supreme Court hear the parent’s case?
Yes, because the parent’s harm is capable of repetition yet evading review
A state law grants a state income tax credit or deduction for contributions made to organizations that award scholarships to private elementary schools. Most of the organizations are associated with and award scholarships exclusively to religious schools. Acting as a concerned taxpayer, an individual brought an action in federal court challenging the law as a violation of the establishment clause of the First Amendment of the U.S. Constitution. The law has cost the state over $300 million in revenue.
Does the individual have standing to challenge the state law?
No, because the state law does not require the expenditure of state funds
Congress passed a statute creating a new agency responsible for enforcing federal laws regulating generic prescription drugs. The director of the agency is to be appointed by the President with the advice and consent of the Senate. The statute mandates that the President can only remove the agency director with the Senate’s consent.
The President appointed a lawyer to be the director of the agency, and the Senate confirmed this appointment. After two months, the President wanted to remove the lawyer as director of the agency because the lawyer was not performing his obligations and frequently missed agency meetings. However, the Senate did not consent to the lawyer’s removal.
Which of the following statements is true?
The President correctly appointed the director to the agency with the Senate’s consent but may remove the director without the Senate’s consent
A treaty between the United States and bordering foreign country provides that certain bird species must be protected during hunting season and cannot be hunted due to their risk of extinction. The treaty authorizes the President of the United States to issue a proclamation nullifying any state or local law that permits hunting of the identified species. The treaty was ratified with the approval of two-thirds of the Senate but not the House of Representatives. The treaty is not prohibited by any constitutional provision.
A law of one of the States allows all birds to be hunted during hunting season. The state is home to the species of birds identified in the treaty. The President of the United States issued a proclamation nullifying the state law pursuant to the treaty. The state argued that the President’s proclamation is an invalid exercise of executive power.
Is the State correct?
No, because the treaty is the supreme law of the land
The EPA issued a regulation that required antibacterial soap manufacturers to submit extensive testing results prior to advertising that their antibacterial soap killed a certain percentage of germs. The regulation was set to go into effect one year from the date it was issued. Failure to comply with the regulation could result in sever financial penalties.
One year after the regulation was promulgated, a hand soap manufacturer that did not manufacture antibacterial soap was worried about potential EPA regulations requiring similar testing for hand soap. As a result, the hand soap manufacturer filed suit in federal court to enjoin the EPA from enforcing the regulation on the basis that it unconstitutionally restricted the hand soap manufacturer’s commercial speech rights.
Can the federal court determine the merits of this suit?
No, because the hand soap manufacturer cannot show an injury-in-fact
A new federal statute requires recreational drone pilots to register drones in a national database. Upon registration, each drone is assigned a unique number so that the identity of a drone’s pilot can be discovered by searching the database. A drone pilot who does register his or her drone may not fly above a certain altitude. A statute contains no express congressional findings concerning the effect of recreational drone operations on interstate commerce.
Is the statute constitutional?
Yes, because Congress may regulate navigable airways
Congress enacted a federal statute requiring the installation of dashboard cameras in commercial shipping and fishing boats in an effort to deter crimes like boating while intoxicated and theft. A fishing-boat owner failed to comply with the statute and was fined by the federal government. The fishing-boat owner alleged that the statute was not a valid exercise of Congress’s commerce clause powers.
Is the fishing-boat owner likely to prevail?
No, because the statute regulates instrumentalities of interstate commerce
