Question
It is 2023. Much to many people's surprise, the Democratic Party did extremely well in the elections and now controls both Houses of Congress in
It is 2023. Much to many people's surprise, the Democratic Party did extremely well in the elections and now controls both Houses of Congress in addition to the Presidency. The new Congress enacts The January 6 Accountability Act. One of its provisions states "Prior to entering into any contract with any person or entity, a department of the United States government and any state government shall determine whether it is more likely than not the other party to the contract encouraged, aided, abetted or participated in the January 6, 2021 violence at the United States Capitol. No contract may be entered by such government into where such a determination is made." The January 6 Accountability Act contains a strong severability clause saying that courts should attempt to preserve all constitutional components of the statute in the event any component is found unconstitutional. Supporters of the bill indicate that they intend to use this provision to stop using government money to enrich various entities owned by Donald Trump and his family. "What's done is done," says one Democratic Congressperson, "but we certainly don't have to be spending government money on people who disrespect federal property or, like Donald Trump, encourage people to overturn legitimate elections." Which of the following is most accurate?
a) The statute is an unconstitutional bill of attainder
b) The statute violates the ex post facto clause of Article I, section 9
c) The statute violates the contracts clause of Article I, section 10
d) At least one part of the statute is unconstitutional under principles of federalism
e) The statute violates the 14th amendment because it discriminates against people based on expressive conduct
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