Question 1: Congress enacted the AIDS Treatment Funding Act, which provided grants of federal funds to qualifying public hospitals to be applied toward the expenses of treating AIDS victims. Recognizing that these grants would upset plans to balance the federal budget, Congress subsequently enacted a one cent tax on every megabyte of information that was transmitted by commercial internet access providers. It was expected that these internet service providers would "pass the tax through" to their customers by assessing a one cent per megabyte charge for usage. Netbusters, an internet service provider with several points of presence in the City of Metropolis in a U.S. state, challenged the constitutionality of the internet transmittal tax in an appropriate court action. The new federal tax is

a) Unconstitutional, because there is no reasonable connection between the object of the tax, internet traffic, and the purpose for which the funds will be spent, AIDS treatment.

b) Unconstitutional, if the tax places an undue burden on interstate commerce which substantially outweighs any benefit to be achieved by the AIDS grant program.

c) Constitutional, so long as Netbusters is engaged in interstate commerce by providing internet access to subscribers in Metropolis.

d) Constitutional, as long as Congress intended that the tax would result in income for the federal government.

Question 2: Congress enacted a statute appropriating funding to be given to the states on condition that the states use the money to support "Baseball, America's greatest pastime." The statute provided that the money is not to be used to support any other type of sports or recreational activity other than baseball. The State of Green accepted a grant of $1,000,000 in these federal funds. $200,000 of the money was given to the Green Community College, and the remaining sums were divided among four other State Green public and private universities. Green Community College did not have a baseball team or offer any classes related to baseball. Consequently, State Green authorized Green Community College to use the funds to support its football team. The State Green decision to allow Green Community College to use the funds for football is:

a) Constitutional, because the federal statute attempts to regulate intrastate commerce which is not a proper subject of federal regulation.

b) Constitutional, because the Tenth Amendment bars Congress from interfering with core state functions like education.

c) Unconstitutional, because the Spending Clause and Supremacy Clause prohibits a state from this type of conduct.

d) Unconstitutional, because State Green used federal funds for private universities.

Question 3: After devastating natural disasters in Raisin National Park rendered it unsuitable for use by visitors, Congress enacted the National Park Recovery Act, which provided, in part, that visitors to all national parks be charged an admission fee of $50, the proceeds of which were to be used to clean up Raisin National Park and to reconstruct any facilities there that had been destroyed by recent events. Perry is a frequent visitor to Yosemite National Park and objects to having to pay $50 each time. If Perry challenges the constitutionality of the National Park Recovery Act, which of the following constitutional provisions provide legislative authority for the congressional legislation?

I. The Commerce Clause.

II. The Taxing and Spending Clause.

III. The Federal Property Clause.

IV. The Necessary and Proper Clause.

a) I and III only.

b) I and II only.

c) II and III only.

d) I, II, III and IV.

Question 4: Congress held extensive hearings after receiving complaints from divorced parents regarding the child custody and visitation orders issued by their state courts. In response, Congress enacted a federal statute providing mandatory guidelines for the terms and conditions for any and all child custody orders issued by any court located in the United States. A state brought an action in federal district court seeking an injunction to prohibit enforcement of the federal statute, claiming it was unconstitutional. Should the federal district court grant the requested injunction?

a) Yes, because the statute violates the 10th Amendment because it commandeers state sovereignty.

b) Yes, because the statute does not regulate interstate commerce.

c) No, if Congress provided federal funds to states that agreed to comply with the terms, conditions and guidelines of the statute.

d) No, because Congress could rationally find that uniformity in child custody orders is necessary and proper to promote the national welfare.

Question 5: In an effort to protect the Spotted Owl population, Congress enacted the Spotted Owl Preservation Act, which made it illegal to take, possess or sell any part of a Spotted Owl. A seller of gifts and artifacts, including artifacts made out of Spotted Owl feathers, challenged the Act. The Act is most likely constitutional if based on Congress':

a) Power to regulate for the general welfare.

b) Power to regulate interstate commerce.

c) Power to protect the national resources of the United States.

d) Power to tax and spend for the public good.

Question 6: Congress enacted the Childhood Tobacco Use Reduction Act to control and limit the use of tobacco products by minors in the United States. The Act also created a five member committee to investigate the use of tobacco by minors, to make recommendations to Congress for new laws, to make further rules for limiting the sale and use of tobacco by minors, and to prosecute violations of the Act. The chairman of the committee was appointed by the President. Two members were selected by the Speaker of the House of Representatives and two members were selected by the President pro tempore of the Senate. Old Smokey Inc., a tobacco product manufacturer offering tobacco products for sale in only one state of the United States, seeks to enjoin enforcement of the committee's rules. The best argument that Old Smokey can make to enjoin enforcement is:

a) The committee lacks authority to enforce its standards, because it functions as an agency, and some members were appointed by Congress.

b) Legislative power may not be delegated by Congress to an agency.

c) Old Smokey, Inc. was denied due process of law because it is not represented on the committee.

d) The commerce power does not extend to the manufacturer of tobacco sold solely within one state.

Question 7: Congress enacted the Childhood Tobacco Use Reduction Act to control and limit the use of tobacco products by minors in the United States. The Act also created a five member committee to investigate the use of tobacco by minors, to make recommendations to Congress for new laws limiting the use of tobacco by minors. The chairman of the committee was appointed by the President. Two members were selected by the Speaker of the House of Representatives and two members were selected by the President pro tempore of the Senate. Old Smokey Inc., a tobacco product manufacturer offering tobacco products for sale in only one state of the United States, seeks to enjoin the committee from making recommendations to Congress for new laws. The appropriate decision for the court is to:

a) Forbid the committee to take any action under the Act.

b) Order that all members of the committee be appointed by the President by and with the advice and consent of the Senate.

c) Allow the committee to prosecute violation of the act but not allow it to issue rules.

d) Allow the committee to continue making recommendations to Congress.

Question 8: The ravages of inflation and their effects on interest rates have caused some states to pass and enforce usury laws. These laws have slowed industrial growth in some states with low interest rates (to benefit consumers) because capital is attracted to states where it would get the most return. As a result of this, Congress has enacted legislation establishing a uniform usury rate. The legislation, in essence, established that the usury rate would be determined by the Federal Reserve Board on the date of the loan. The law is intended to be of great assistance to the private home market as well as the commercial building industry. Which of the following powers of Congress would most likely support the validity of the legislation?

a) The General Welfare Clause.

b) The Tax Clause.

c) The Commerce Clause.

d) The Necessary and Proper Clause as applied to the power to coin money.

Question 9: The ravages of inflation and their effects on interest rates have caused some states to pass and enforce usury laws. These laws have slowed industrial growth in some states with low interest rates (to benefit consumers) because capital is attracted to states where it would get the most return. As a result of this, Congress has enacted legislation establishing a uniform usury rate. The legislation, in essence, established that the usury rate would be determined by the Federal Reserve Board on the date of the loan. The law is intended to be of great assistance to the private home market as well as the commercial building industry. The state of Oma has a usury law that is in excess of that which Congress has provided. The state of Oma brings an action in federal court seeking to avoid the law with respect to the state of Oma. Oma is able to produce evidence that loans made in the state during that last two years for the purpose of housing all exceeded the provisions of the federal law. The state of Oma alleges that to enforce the federal law would be to bring the housing industry to a stop. The federal judge should:

a) Rule that the court has no jurisdiction to hear the case.

b) Rule that the state law is invalid as a result of the Supremacy Clause.

c) Rule that granting temporary relief by enjoining the federal act pending a decision on the merits would be proper.

d) Impanel a three-judge court because of the seriousness of the issue.

Question 10: A federal statute provides public funds to any public or private school that agrees to offer specified courses in science, mathematics, and related subjects. Applicant schools must identify the courses that they intend to offer and provide information regarding the curriculum to be covered, the qualifications of the instructors who will teach the courses, and the materials to be used. The federal statute also requires that the applicant school certify that it will not discriminate in employing instructors for the courses funded with federal money on the basis of race, religion, gender, disability or sexual orientation.

Priv College, a privately owned school offering bachelor's degrees in various subjects, applied for federal funds so that it could offer engineering courses specified in the federal statute that had not previously been part of Priv's curriculum. All the necessary information was contained in Priv's application, and it was otherwise eligible, but Priv refused to certify that it would not discriminate in employing instructors for the funded courses on the basis of sexual orientation. Priv's application stated that the administration of the college believed homosexuality to be immoral and that Priv would never knowingly employ a homosexual person in any position. Priv's application for federal funds under the statute was denied. This action by the federal government was

a) Unconstitutional, because no fundamental constitutional right has been identified which protects homosexual orientation.

b) Unconstitutional, because the owners and employees of Priv cannot be compelled to associate with persons to whom they have serious moral objections.

c) Constitutional, so long as the nondiscrimination requirement of the federal statute is reasonable and is related to the government interest being furthered by the federal funding program.

d) Constitutional, but only if the nondiscrimination requirement is substantially related to an important government