16. A city is home to a large state college, and many students rent houses together in the city neighborhoods. Due to problems with noise, trash, and other complaints, the city passes an ordinance making it illegal for any one household to have more than five people under the age of 23 living under the same roof. A family with five children, ages 22, 21, 19, 15, and 14, challenges the law, arguing the law violates their constitutional rights. Is the ordinance constitutional?

(A) Yes, because three of the children are legally adults and not part of a protectedclass.

(B) Yes, because the ordinance is valid as a means of protecting the health and welfare of city residents.

(C) No, because it violates the family's right of privacy.

(D) No, because there is no indication the law's effect will be limited to students attending the state college.

17. In which of the following fact situations is the plaintiff most likely to have standing in a federal court to challenge the statute involved on the ground that it is unconstitutional?

(A) The plaintiff is the chairperson of an organization dedicated to preventing cruelty to animals. She sues in that capacity to enjoin the enforcement of a state statute that permits state officials to seize and destroy unlicensed dogs without notice to their owners.

(B) The plaintiff is a state in which mining is a major industry. It is suing for a judgment declaring unconstitutional a federal statute that imposes a tax on the mining of certain specified metals on the ground that the tax invidiously discriminates against members of the mining industry.

(C) The plaintiff is a federal taxpayer. He sues to recover taxes paid by him under protest on the ground that the money so paid is being used to support military activities against a nation with which the United States is not at war, and that the statute authorizing its use for that purpose is therefore unconstitutional.

(D) The plaintiff is a state taxpayer whose taxes are used, among other purposes, to support the activities of local school districts. Although she has no children of school age, the plaintiff is suing to enjoin enforcement of a state law, the terms of which permit counselors employed by local school districts to advise students about Acquired Immune Deficiency Syndrome (AIDS).

18. The plaintiff, a resident of the state, recently lost her job when her employer went out of business. While employed, the plaintiff worked on the night shift and attended college during the day. She applied for unemployment compensation benefits under the state's Unemployment Compensation Act. Although she was otherwise entitled to benefits, she was denied them under a provision of the Act that prohibits the payment of benefits to any person who attends school between the hours of 8 A.M. and 6 P.M. After exhausting all administrative remedies, the plaintiff appealed the denial of benefits, asserting that the prohibition against payment of benefits to day students violated the Equal Protection Clause.

Which of the following is the minimum finding that would result in a ruling that the statute is constitutionallyvalid?

(A) The classification is a reasonable way of protecting a compelling state interest.

(B) The classification has a rationalbasis.

(C) The receipt of unemployment benefits is a privilege rather than aright.

(D) The payment of benefits to day students would result in a clear and present danger.

19. A state law provides that the names of prospective jurors in county courts shall be drawn from the list of county residents holding state driver's licenses. The plaintiff, a county resident, is a 22-year-old black woman who does not hold a driver's license. She has never been called as a prospective juror in the county court. In a federal court, the plaintiff challenges the constitutional validity of the state law, claiming that it violates the Equal Protection Clause of the Fourteenth Amendment. In support of her challenge, the plaintiff offers proof that black women between the ages of 18 and 23 make up a large portion of the population of the county, but that no member of this group holds a state driver's license or has ever been called as a prospective juror in the countycourt.

Should the court allow evidence that no black women between the ages of 18 and 23 who reside in the county hold state driving licenses?

(A) No, because a state law does not violate the Equal Protection Clause on its face unless its purpose is to discriminate.

(B) No, because a state law does not violate the Equal Protection Clause as applied unless it is applied with a discriminatory purpose.

(C) Yes, because a law that has a discriminatory effect may violate the Equal Protection Clause even if its purpose is not to discriminate and it is not applied with a discriminatory purpose.

(D) Yes, because the exclusion of black women between the ages of 18 and 23 years may be evidence that the law had a discriminatory purpose or was applied with a discriminatory purpose.

20. The state enacts the Continuing Professional Education Act, which provides that all persons licensed by the state to practice any profession other than medicine are required to complete 10 units per year of state-approved continuing education studies as a condition for renewal of their professional licenses.

An action is brought in a state court by an attorney in the state for an injunction prohibiting enforcement of the Continuing Professional Education Act and an order declaring it to be unconstitutional on the ground that it violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Which one of the following additional facts or inferences, if it were true, would most effectively support a finding that the statute is constitutional?

(A) Competency in law is based upon the knowledge of principles that change more quickly than those upon which competency in medicine isbased.

(B) A license to practice law is a privilege rather than aright.

(C) The power to license professionals is reserved to the states by the Tenth Amendment of the United States Constitution.

(D) The state bar association passed a resolution approving of the requirements contained in the Continuing Professional EducationAct.