Question 1

Patsy was a York University student, a privately owned engineering college. During during the school year Patsy was arrested by York City police for attending a demonstration against the government's position on climate change. When Patsy attended her arraignment hearing the charges were dismissed by the Court with the consent of the district attorney. When York University's Dean, Luke Fewell, learned of Patsy's arrest he expelled Patsy, telling her that her conduct was an embarrassment to the fine principles of "this great institution."

After graduating from York University, Patsy passed York's civil engineering examination and formally requested her license, but the York State Engineering Board ("YSEB") refused to issue the license citing Patsy's arrest and expulsion from the university. If Patsy sues YSEB in a federal court for an order directing YSEB to license her, the court should find for:

Select one:

a.YSEB, because a license to practice engineering is a privilege rather than a right.

b.YSEB, unless Patsy first attempted to sue in a state court and was unsuccessful.

c.Patsy, only if YSEB's action is found to be arbitrary and capricious.

d.Patsy, because YSEB's decision deprives Patsy of property without due process.

Question2

A federal statute prohibits male employees of the Internal Revenue Service from wearing their hair longer than shoulder length, although no such prohibition exists for employees of other federal agen-cies. Hippi Jones was terminated from his employment with the IRS for violating the statute by refusing to cut his hair to comply with the IRS hair length prohibition. If Hippi asserts a claim on the ground that the statute was invalid, his most effective argument is that the law:

Select one:

a.Invidiously discriminates against him in violation of the 14th Amendment to the U.S. Constitution.

b.Deprives him of a property right without just compensation.

c.Denies him a privilege or immunity of national citizenship.

d.Invidiously discriminates against him in violation of the 5th Amendment to the U.S. Constitution.

Question3

The Fresh Politicians is a non-partisan youth organization with chapters and members in all 50 states. Concentrating on what it calls "the campaign experience," the organization attempts to teach its members to love all forms of political life. According to the bylaws of The Fresh Politicians, membership is open to all white children between the ages of ten and sixteen. Mary, a fifteen-year-old black girl, sought membership in The Fresh politicians at the joint request of the Monorado state attorney general and the U.S. Department of Justice. The Fresh Politicians rejected her application solely on the basis of her race, advising her in writing that membership was open only to white children.

A federal statute makes it a crime for an organization with members in more than one state to deny membership to any person on the basis of that person's race. A statute of the state of Monorado makes it a crime to violate a right conferred on any person by the 14th Amendment to the U.S. Constitution. Is The Fresh Politicians guilty of violating the Monorado state statute?

Select one:

a.Yes, because the policy of The Fresh Politicians resulted in a denial of Mary's right to substantive due process.

b.No, because The Fresh Politicians is a private organization.

c.Yes, because the policy of The Fresh Politicians resulted in a denial of Mary's right to equal protection.

d.Yes, because the policy of The Fresh Politicians resulted in a denial of Mary's right to the privileges and immunities of citizenship.

Question4

Because an invasion revolution in the Eastern European country of Framia threatens to topple its government, the President orders federal troops to invade Framia. In response, Congress passes a resolution directing the President to recall the troops. The President refuses to do so and then a lawsuit is filed in U.S. District Court seeking an order compelling the President to comply with the congressional directive. Which of the following would be the President's most effective argument in opposition to that proceeding?

Select one:

a.The matter is a non-justiciable political question.

b.The presidential order sending troops to Framia amounted to a declaration of war.

c.U.S. District Courts lack power over the President.

d.The President is commander-in-chief of the armed forces.

Question5

The State of Washagon passed a statute providing that no person shall be granted a high school diploma without first passing a series of examinations designed to test minimum competency in reading, writing, mathematics, and American history. The statute requires that the examinations, known as the "Basics Exams" are to be written by the State Academics Board ("Board") and are to be administered throughout the state on the same day. It further provides that each high school in the state may elect to have the Basics Exams administered either by its own employees or, without cost, by agents of the state Board.

Resurrection Academy, a religious high school in the State of Elation, sues in a federal court to enjoin enforcement of the statute. In support of its complaint, Resurrection Academy argues that its students belong to a religion which opposes all secular education, and that the statute therefore violates their rights and those of the school under the Free Exercise Clause of the 1st Amendment to the U.S. Constitution. Which of the following would be the most effective argument in opposition to that claim?

Select one:

a.The law is not primarily intended to interfere with a religious belief.

b.The state has a compelling interest in the competency of high school graduates.

c.Resurrection Academy lacks standing to challenge the constitutionality of the statute.

d.Opposition to all secular education is not a reasonable religious belief.

Question6

To finance federal maritime services, a federal statute requires the payment of an annual federal tax of $750.00 on every boat above a certain length. The state of Confuzion Department of Fish and Game owns a boat that is used for patrolling waterways within the state. Although the boat size is large enough to be subject to the tax, the state of Confuzion paid the tax under protest. If the state of Confuzion sues in an appropriate federal court for the return of the tax payment which it made to the federal government, the court should find for

Select one:

a.The federal government, under the doctrine of maritime oversight powers.

b.The federal government, because the state receives benefit from federalmaritimeservices.

c.Confuzion, because the power to tax is the power to destroy.

d.Confuzion, under the doctrine of state immunity.

Question7

Ruth applied for employment as a teacher with the state of Florilina elementary school. Ruth's application was rejected under a Florilina law that prohibited state employment of "morally confused" individuals on the ground that she was a lesbian. Ruth subsequently challenged the validity of the state law in a Florilina state court, asserting that it violated the Equal Protection Clauses of the constitutions of the U.S. and of the state of Florilina, the language of which is substantially the same. No Florilina court has ever interpreted the phrase "morally confused" as used in the state law.

While her state court action was pending, Ruth filed a proceeding in U.S. District Court seeking an order enjoining the Florilina school board chairman from enforcing the "moral confusion" law described above on the grounds that it violates the U.S. Constitution's Equal Protection Clause. If the court declines to grant Ruth the relief she requests, it will most likely be:

Select one:

a.On the ground that the question is moot.

b.On the ground that Ruth lacks standing.

c.Based on the abstention doctrine.

d.Based on the 11th Amendment to the U.S. Constitution.

Question8

Congress passes a law imposing a tax on the owners of buildings containing lead paint. The law provides that funds derived from the tax shall be used to help finance research into the treatment of lead diseases. The validity of the statute under the U.S. Constitution is challenged in a legal pro-ceeding on the ground that one of the purposes of the tax is to discourage the use of lead based paint in buildings. The statute should be declared:

Select one:

a.Unconstitutional because Congress does not have the power to regulate the use of build-ing materials.

b.Unconstitutional if the law was passed for any purpose other than to raise revenue.

c.Constitutional as a valid exercise of the congressional taxing power.

d.Constitutional under the general federal police power.

Question9

The Flowing Waters Worshippers ("FWW") is a religious organization. According to its religious beliefs, water is representative of the Creator's life force. As part of their worship, the FWW's members attend weekly services in which the congregants sit in a pool and praise water sources and listen to their minister's sermons. Usually, they to conduct services in public lakes to "fuse" with the Creator's liquid energy. For the past several years, they have conducted their monthly meetings in the local Pine Ridge Lake, a small lake owned and maintained entirely by the federal government. However, because of the lack of lifeguards during the off season, Congress passed a law prohibiting swimming in Pine Ridge Lake during the off season as defined in the law. An attorney representing the FWW has filed a lawsuit on behalf of that organization challenging the validity of the law on the ground that it violates the 1st Amendment to the U.S. Constitution by interfering with the free exercise of religion.

Which of the following would be the most effective argument in support of the constitutionality of the law?

Select one:

a.The prohibition of swimming within Pine Ridge Lake does not discriminate between religions and has a primarily secular effect.

b.The law is a valid exercise of the power granted to Congress under the property clause of the Constitution.

c.The use of water is not a traditional religious practice.

d.In view of the danger of drowning, the conduct of worship services in an unmonitored lake is not a reasonable religious practice.

Question10

Congress passes the Securities and Exchange Court Act establishing the federal Securities and Exchange Court. Under the Act, the new court is to hear civil actions for damages resulting from federal securities and exchange law violations. The Act also provides that there is no right of appeal from decisions of the Securities and Exchange Court, and that the Court's will cease to exist at the end of six years unless Congress specifically authorizes it to continue for an additional period. If a defendant against whom a judgment is rendered by the new court challenges the constitutionality of the Securities and Exchange Court Act, which of the following arguments would be most likely to result in a finding that the Act is unconstitutional?

Select one:

a.The U.S. Constitution does not provide for establishment of a federal court to hear prosecutions for federal securities and exchange violations.

b.The U.S. Constitution gives the Supreme Court the power of judicial review over all inferior federal courts.

c.The Securities and Exchange Court Act does not require that judges be appointed to serve for life.

d.The provision that there is no right of appeal violates the due process clause of the Fifth Amendment.

Question11

The State of Otah enacts the Mandatory Apprentices Training Act ("MATA") , which provides that all persons licensed by the State Bar to practice law are required to perform a two-year apprenticeship a condition of receiving issuance of their law license.

One week after the statute goes into effect, Winslow, a law school graduate who has applied for but not yet received a license to practice law, sues in federal court seeking a declaratory judgment that the MATA is unconstitutional. Which of the following is the clearest ground for dismissal of this action by the court?

Select one:

a.Winslow lacks standing to attack the statute.

b.The validity of the statute has not yet been determined by a state court.

c.No substantial federal question is presented.

d.The suit presents a non-justiciable political controversy.

Question12

The state of Florgia became known as a theme park vacation destination because of the large number of very creative theme parks built within the state over the prior decade. As a result, the theme parks became a large source of state revenue in Florgia. In fact, people travel to Florgia from all over the U.S. to visit the many theme parks within the state. All of the theme parks discourage the use of cash at their facilities and have issued scrip to make purchases and for admission to rides operated within the theme parks. For this reason, many visitors to Florgia find themselves to be in possession of scrip when returning home. As a result, the Florgia legislature passed the Florgia Scrip Law requiring restaurants and retail business located at Florgia transportation hubs to accept scrip from customers instead of cash, at three-fourths the face value of the scrip. The law also requires theme parks to redeem the scrip at face value. Wabucks, the owner of a gift shop located at an airport in Florgia, was prosecuted in a Florgia court for violating the state law by refusing to accept scrip from a customer who attempted to use them to pay for food purchased at Wabucks' gift shop.

If Wabucks defends by asserting that the law violates the U.S. Constitution, which of the following arguments would most effectively support his position?

Select one:

a.The law denied Wabucks due process, since it required him to give up merchandise without receiving cash in return.

b.By its terms, the law violated the Commerce Clause, since the businesses which were subject to it were all involved in interstate travel.

c.The power to coin and fix the value of money is exclusively that of Congress.

d.Requiring Wabucks to accept scrip in return for merchandise is a taking of private property without just compensation.

Question13

Deft, an alien convicted of murder in a state court, appeals on the ground that aliens were systematically excluded from serving on the jury. A federal law prohibits aliens from serving on juries in state court proceedings, but that there is no state law creating such a prohibition. If Deft's appeal results in a reversal of his conviction, it will probably be because the federal law:

Select one:

a.Is invalid under the doctrine of separation of powers.

b.Is invalid under Article VI, Supremacy Clause.

c.Violates the Equal Protection Clause of the 14th Amendment.

d.Violates the Due Process Clause of the 5th Amendment.

Question14

Congress passes the Federal Education Supplement Act which makes matching federal funds available to states for the construction and supplying of state schools on condition that states receiving such funds have academic programs that provide for only a one-month summer break period. The State of Oklexas has refused to amend its statutes to comply with the Act.

Which of the following persons is most likely to have standing to challenge the constitutionality of the Federal Education Supplement Act?

Select one:

a.A non-partisan political-action membership organization dedicated to the preservation of "states' rights" which believes that the Federal Education Supplement Act interferes with the state's right to regulate the curriculum of its schools.

b.A contractor that receives most of its business from school construction in Oklexas and which believes that without matching federal funds for Oklexas the state will be unable to honor its contract for school construction.

c.A taxpayer of the state of Oklexas who believes that if the state does not receive matching federal funds for the construction and supplying new schools, the state's schools will soon become inadequate for use by its residents.

d.A federal taxpayer who believes that if the state of Oklexas does not receive matching federal funds for the construction and supplying new schools, its students will adversely affect interstate commerce.

Question15

Congress passes a law which grants federal funds to states for the purchase of wind powered electricity generators to be used to offset the pollution created by coal powered electricity plants. Paragraph 7 of the law provides that "no state shall be eligible to receive such funds unless said state shall have imposed a tax of seven cents on every package of cigarettes sold in such state in addition to whatever cigarette tax is already in existence at the time that this act takes effect."

From which of the following does Congress derive the power to enact paragraph 7 of the law?

Select one:

a.The congressional taxing power.

b.The congressional spending power.

c.The general federal police power.

d.The congressional power to regulate interstate commerce.

Question16

A statute of State A permits school districts to determine whether or not they will provide bus transportation for students. The statute provides that school districts electing to furnish such transportation must finance half the resulting costs by taxing the families of students who are transported, and requires the state to provide "matching funds" upon application by the school district. The Orange School District decided for transportation for their students. It was considering a policy which would prohibit school buses from traveling on unpaved roads. Parents of school children who reside on unpaved roads in the Orange School District objected to the proposed policy, arguing that it would violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The school district requested an advisory opinion from the state Supreme Court under the state Judicial Code.

If the state Supreme Court issues an advisory opinion determining that the School District's policy is constitutional, and if the parents seek review by the U.S. Supreme Court, may the U.S. Supreme Court properly review the state court's decision?

Select one:

a.No, since a request for an advisory opinion does not satisfy the "case or controversy" requirement of the U.S. Constitution.

b.No, unless State A receives federal funds for the transportation of pupils.

c.Yes, unless the decision rests on an adequate state ground.

d.Yes, since the state court found the policy to be valid under the U.S. Constitution.

Question17

The state of New Buffalo enacts a law imposing a ten cent tax on each use of any video arcade machine located within the state. All such existing machines are equipped with coin slots which accept only quarters. Since it would be too expensive to convert the coin slots to accept additional coins, the practical effect of the new law will be to require the tax to be paid by video arcade operators. All such machines are manufactured outside the state of New Buffalo. Which of the following would be most likely to have standing to challenge the constitutionality of the statute?

Select one:

a.An out of state manufacturer of video arcade amusement machines.

b.A child who regularly plays video arcade amusement machines.

c.An association of video arcade operators.

d.A corporation located within the state which is in the business of converting the coin slots on video arcade amusement machines.