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Z'S barbrr PRACTICE ESSAY QUESTIONS CONSTITUTIONAL LAW QUESTION 2 The legislature of the state of Red recently passed legislation known as the Red Patriot Act,
Z'S barbrr PRACTICE ESSAY QUESTIONS CONSTITUTIONAL LAW QUESTION 2 The legislature of the state of Red recently passed legislation known as the \"Red Patriot Act,\" which is set out below in its entirety: The Red Patriot Act Section 1. This enactment shall be known as the \"Red Patriot Act.\" Section 2. The recitation of the Pledge of Allegiance shall be a regular part of the morning activities of every school in this state. Every school in this state shall include in its curriculum instruction as to the proper protocols for the display, protection, and honoring of the flags of Red and of the United States. At the beginning of the fourth grade, every child attending a public or private school in the state of Red shall demonstrate knowledge of the words of the Pledge of Allegiance as then defined in the United States Code. Section 3. Red citizens who register for the draft shall receive upon their registration for the draft or upon their presentation to the Office of the Red Secretary of State proof of their registration, a tuition credit check in the amount of $500, which may be used only to offset the tuition or fees charged by any university, college, or technical school operated by the state of Red. The governor has indicated that he will sign the legislation so long as there exist reasonable ar- guments in favor of the Act's constitutionality under the United States Constitution. As counsel for the governor, you have been asked to provide a memorandum discussing whether the legisla- tion could withstand a constitutional attack. Note that under federal law, females are neither required nor permitted to register for the draft. Please: 1. 3. Describe the challenge that might be made to the Patriot Act under the Free Speech Clause of the First Amendment to the United States Constitution. Describe the challenge that might be made to the Pledge of Allegiance under the Establish- ment Clause of the First Amendment to the United States Constitution. Describe the challenge that might be made to the Patriot Act under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. For each of the issues above, be sure to explain the test or standard that a court will apply in resolving the question, and describe the strongest argument that you think can reasonably be made in favor of the constitutionality of the legislation
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