Quiz

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Multiple Choice

Each question is worth 2 points for a total of 40 points.

Question 1(2 points)

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A "public use" for purposes of the takings clause includes...

Question 1 options:

	... restricting the use of private property to protect the environment
	... transferring private property from one owner to another for economic development
	... claiming private property to build a highway
	... all of the above

Question 2(2 points)

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McCulloch v. Maryland(1819) established that...

Question 2 options:

	... states may not regulate or tax valid federal institutions
	... national banks are unique federal institutions for purposes of federal power
	... certain state actions affecting federal institutions are permissible
	... the implied powers of the federal government are narrow

Question 3(2 points)

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The principal limitation on the spending power is...

Question 3 options:

	... the power of the Supreme Court to define the "general welfare"
	... Congress's ability to raise funds equal to the expense
	... principles of federalism where spending legislation coerces state governments
	... whether an emergency exists to justify the expense of public funds

Question 4(2 points)

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Which of the following forms ofintrastatecommerce canstatesregulate?

Question 4 options:

	All instances of commerce substantially affecting interstate commerce
	Commerce implicating state police powers
	Non-economic activities with individually minor but in aggregate major impacts on interstate commerce
	All of the above

Question 5(2 points)

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Property rights are best conceived of as...

Question 5 options:

	... natural rights possessed by individuals regardless of civil laws
	... only those rights conveyed by the Declaration of Independence and the Constitution
	... many specific rights regarding property bundled together
	... limited to those rights determining whether the owner might profit from the property

Question 6(2 points)

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Federal income taxes are constitutional because...

Question 6 options:

	... federal income taxes are not constitutional but the Supreme Court ruled challenges to them to be a "political question"
	... the Sixteenth Amendment expressly authorizes them
	... the Supreme Court held that they are excise taxes
	... the Framers of the Constitution expected Congress to pass an income tax

Question 7(2 points)

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The Taxing and Spending Clause requires "all Duties, Imposts, and Excises [to] be uniform throughout the United States." What does "uniform" mean here?

Question 7 options:

	That each state's tax burden must be proportional to the population of the state
	That each state must pay the same total amount of money under the tax as every other state
	That the tax rate or amount cannot vary by state
	That every person must pay the same amount under the tax

Question 8(2 points)

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Under the "stream of commerce" doctrine, which of the following activities can the federal regulate?

Question 8 options:

	Production of goods and services
	Final sale of goods and services
	Any commercial activity affecting interstate commerce
	Intermediate activities occurring after production but before final sale

Question 9(2 points)

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Which of the following has the Supreme Court always ruled to be authorized by the Commerce Clause?

Question 9 options:

	Regulation of non-economic activities with some impact on interstate commerce
	Regulation of commercial activity affecting interstate commerce
	Exercises of federal police powers
	Regulation of transportation across state borders

Question 10(2 points)

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The Contract Clause...

Question 10 options:

	... forbids states from impairing the obligation of contracts
	... forbids states from establishing businesses that compete in private markets
	... allows states to void contracts to which they are parties
	... forbids federal government interference in private contracts

Question 11(2 points)

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The takings clause applies to the states because...

Question 11 options:

	... property owners have natural rights regardless of the kind of government
	... Congress imposed it on states by statute
	... the Fourteenth Amendment extends it to states
	... the Framers of the Constitution intended it to apply to states

Question 12(2 points)

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Federal taxation may be used to regulate activity...

Question 12 options:

	... the regulation treats all affected parties "fairly"
	... without significant limitations; the tax power is broad
	... only if another delegated power in the Constitution allows Congress to regulate the behavior
	... the Supreme Court agrees with Congress's finding that the subject is "of vital importance"

Question 13(2 points)

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Which of the following isnottrue ofScott v. Sandford(1857)?

Question 13 options:

	The case overruled the Civil War Amendments
	The federal government may not prescribe limits on state laws as a condition ofgranting statehood
	The decision proved divisive and potentially significant in the buildup to the Civil War
	The Court read race into the Constitution despite that document making no mention of it

Question 14(2 points)

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Which of the following is not a difference between the concepts of dual and cooperative federalism?

Question 14 options:

	Scope of the Necessary and Proper Clause
	Grounding in textualism vs. original intent
	Interpretation of the Tenth Amendment
	Interpretations of the Commerce Clause

Question 15(2 points)

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Which of the following methods can the federal government use to induce states to implement and enforce the policies it prefers?

Question 15 options:

	Conditioning distribution of moderate amounts of federal funds on state compliance with federal regulations
	The federal government cannot attempt to influence state policies
	Mandating adoption of the policy pursuant to the Supremacy Clause
	Establishing a system of federal regulations and ordering state agencies to enforce it

Question 16(2 points)

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Which of the following conditions is not cited by the Supreme Court in allowing states to impair the obligation of contracts more than usual?

Question 16 options:

	The state laws impose only reasonable, limited impairment of contracts
	The state laws are temporary rather than permanent
	The existence of a crisis or emergency, the solution to which requires the impairment of contracts
	Authorization by Congress to exceed the usual limits in the contract clause

Question 17(2 points)

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Which of these is not a taking?

Question 17 options:

	A state government transfers land from one private party to another
	The federal government conducts activity making it impossible to use a property
	A government changes the laws in unexpected ways, making a property much less valuable
	A city government assigns certain uses to different areas of the city, e.g.single-family zoning, and slightly reduces the value of some properties

Question 18(2 points)

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A state cannot pass a law affecting its own obligations under a contract if...

Question 18 options:

	... the law conflicts with express provisions of the contract
	... the law conflicts with the spirit of the contract
	... the contract is with a corporation
	... there is no emergency justifying the law

Question 19(2 points)

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Under the Contract Clause, states are forbidden to...

Question 19 options:

	... abandon their police powers in contracts with private parties
	dictate morals to the public
	... regulate economic activity
	... issue charters for private businesses

Question 20(2 points)

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The Supreme Court struck down the increase in the maximum income to qualify for Medicaid because...

Question 20 options:

	... the Supreme Court imposes its political preferences on Congress
	... the penalty for failing to do so (withdrawal of all federal Medicaid funds) improperly coerced the states
	... the market for health insurance is regulated by states and does not involve interstate commerce
	... the federal government can never fund state programs

Short Answer/Essay

Please answer one (1) of the following two questions with a short answer; be brief in your reply. This question is worth 30 points.

Question 21(30 points)

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Answerone (1)of the following:

(A) Federalism

How has the Supreme Court's understanding of federalism in the United States evolved from the ratification of the Constitution to the present? Do you expect the current Supreme Court to shift power in the direction of the states or the federal government moving forward? Please outline each major shift in the Court's doctrines with specific references to (a) important cases and (b) the historical and political context surrounding those cases.

OR

(B) Commerce Clause

How has the Supreme Court's understanding of the federal government's power to regulate interstate commerce evolved from the ratification of the Constitution to the present? Do you expect the current Supreme Court to enhance or constrain the federal government's commerce power moving forward? Please outline each major shift in the Court's doctrines with specific references to (a) important cases and (b) the historical and political context surrounding those cases.

Question 21 options:

Hypothetical Case

Please apply the legal rules we have learned in the last two modules to one (1) of the following two hypothetical fact patterns. Your answer is worth 30 points in total. Be brief in your answers; you need only identify the outcome dictated by the rule and the rule you are applying.

Question 22

Answerone (1)setof the following series of questions based on the fact patterns; this means you will answer the takings clause set of questionsorthe contract clause set of questions. Include answers for each subpart of the question you select, and mark each answer with the letter of the subpart to aid grading.

Your answers need only include (1) the likely disposition/decision of the court and (2) the reason(s) why.

(A) Takings Clause

"Alan Alanson owns a single-family home in Buckhead where he resides. He runs a small farm in his backyard where he raises kids (baby goats) for rent to educational institutions. The City of Atlanta wishes to build a training facility for its fire department and selects a block of land including Alan's neighborhood. The city approaches the owners of the homes in the neighborhood and offers to purchase their property, an offer taken up by all of the owners except for Alan."

Which of the following would be a taking? Why? What would the consequence be in each case (i.e. if a court did or did not find a taking)?

(a) The city exercises eminent domain, claiming Alan's home for the training facility. The city offers Alan $10,000 for his palatial estate, and Alan sues.

(b) The city rezones Alan's neighborhood to ban residential buildings on the properties. Alan sues. (Zoning laws define permissible uses of property and often include division between residential and other uses as well as limitations on the types of residences.)

(c) The city rezones Alan's neighborhood to ban residential buildings on the properties. Alan sells his property to Charlene Carlson, who then sues the city.

(d) The city proceeds with the construction of the training facility without taking Alan's property. Once completed, the city's fire department utilizes the facility extensively including frequent loud sirens and large training fires near Alan's house. Alan cannot sleep and his goats either flee in the night or lapse into a catatonic state from the stress. Alan sues.

(e) The city exercises eminent domain and then changes its mind about the training facility. The city instead donates Alan's property to a major contributor to the mayor's campaigns. Alan sues.

(f) The city relents but when Alan decides he would like to tear down his house and replace it with a larger one, the city demands he allow the fire department to park its trucks on a portion of his property. Alan objects and sues.