Constitutional Law
I
Prof. Goldman Spring 2003
Final Examination-Three Hours
You are reminded that all academic endeavors of students of the University of Kentucky College of Law are governed by the Honor Code. The Honor Code prohibits lying, cheating, stealing, and interference with academic pursuits. Therefore, in turning in your answers to this examination, you pledge on your honor as a student that you have neither given nor received any unauthorized aid on this exam. Additionally, the Honor Code places on all law students an affirmative duty to report an observed breach of the Code. A failure to report is itself a violation of the Honor Code.
Instructions:
There
are four Roman numbered parts to this examination (I-IV). The first three parts
should be answered in your bluebook(s), the last part should be answered
on the exam pages. Part I is
worth 30% of the exam score, Part II is worth 50%, Part III is worth 10%. The
last part, which is worth a total of 10%, consists of a variety of short
questions, the value of each lettered question within it is indicated on the
exam pages. Answer all parts and questions. The last part should be answered on the examination
pages.
Identify your bluebooks with your assigned
bluebook number. Identify all answers
with the appropriate number for the question. Additionally, place your exam number on the examination
question sheets covering Part IV.
Be certain to answer what has been asked and in your responses explain the reasoning by which you reach your conclusions. If a question is ambiguous, resolve the ambiguity, state your resolution, and answer the question on that basis.
I-30%
You are a staff attorney for a United States
Senator. The Senator recently read a study
showing that the average U.S. high school graduate in the class of 2003 had
substantially less knowledge about world geography, world history, and national
cultural differences, and less ability in speaking a second language, than her
or his counterpart in any other economically advanced nation of the world. On a recent t.v. panel show she stated that
she regards this as a disgraceful state of affairs and wants to sponsor
legislation to reshape our educational system grades 1-12 so that in 10-15
years U.S. high school graduates will be at the top of such lists. One of the panelists asserted that this is
not something Congress has the authority to do. The Senator wants you to prepare a memorandum discussing what
Constitutional restrictions the legislation might face and, if there are any
serious barriers, how to get around them if that is possible.
What will you tell her?
II-50%
Two weeks ago, the legislature of Indioho, a
coal producing state in the central part of the United States, adopted a bill stating:
Section
1. In order to reduce the dependency of Indioho residents upon oil from foreign
countries and ensure that adequate heating sources are available to Indioho
residents during our long, cold winters, the following requirements are imposed
on all agencies of the state, on local governmental units located in Indioho,
and on companies and persons contracting to provide the state, its agencies or
local governmental units with goods delivered or services performed within the
state.
a) The state,
its agencies, local governmental units located in Indioho, and companies and
persons contracting to provide the state or its sub-divisions with goods
delivered or services performed within the state shall:
i- No
later than November 1, 2008, convert into a coal burning system any and all systems
used for producing heat or hot water for any building it owns in Indioho.
ii- Not
enter into new leases or licenses to occupy all or part of a building located
in Indioho unless the building’s heat and hot water are provided by a coal
burning system.
iii- Starting
November 1, 2004, not repair or replace any heating or hot water systems other
than those which burn coal.
b) No state
funds shall be paid to any department, agency, local government or contractor
that violates the provisions of this Act.
Section 2. Beginning July 1, 2003, a 5% tax shall be
imposed on all sales of fuel, other than coal, used to heat or provide hot
water for commercial buildings located in Indioho.
a) This
tax shall be collected by the wholesaler or distributor of the fuel and shall
be remitted to the Indioho Coal Competitiveness Fund.
b) If the
end use of fuel sold to businesses in Indioho cannot be identified, the 5% tax
shall be paid on 50% of all fuel sales to the commercial purchaser.
c) To
enable the sellers to lower the price of coal sold in the state, funds received by the Indioho Coal
Competitiveness Fund shall be distributed every three months to Indioho coal
producers on a pro rata basis in proportion to the number of tons of coal sold
in Indioho.
You are the Indioho Governor’s legal advisor. He wants to veto the above bill but, if
possible, wants to reduce the political burden of that action by ex-
Exam. No.______
plaining that it is unconstitutional under the U.S. Constitution. He has asked
you
to analyze the bill and explain why the various provisions of the proposed
Indioho statute are or are not unconstitutional. What will you tell him?
On the order of the Secretary of Defense, a
squad of Marines is sent to arrest Assad Trajik who is suspected of stealing
secret U.S. military documents on behalf of Iraq. Trajik has barricaded himself in his motel room on the outskirts
of Detroit and the Marines announce that if he does not emerge peacefully
within 48 hours, they will use a tank to blast their way in. Mel Ott, the motel owner, upon being told
that the military is immune from liability for damages caused while carrying
out discretionary orders, asks a federal judge to enjoin such action on the
ground that a federal statute prohibits the military from enforcing laws except in cases and under circumstances expressly
authorized by the Constitution or Act of Congress and that this is not such an
authorized instance. You are the
federal judge and the first question you want to decide is whether you have
jurisdiction to decide the case on the merits.
What is your decision and why?
Indicate whether the following statements are true or false by placing a “T” or an “F” in the appropriate column:
True False
-As presently construed, the 11th Amendment bars Congress from granting a private cause of action to collect monetary damages from a state that discriminates against employees based on their religion.
-As presently construed, the 11th Amendment bars Congress from granting a private cause of action to collect monetary damages from a city or county that fails to pay the federal minimum wage.
-If the constitutional validity of a state law is challenged in state
court under the state and federal constitutions, the state court has
the final say respecting the constitutionality of that law.
i- Under the state constitution
ii- Under the U.S. Constitution
- A state can require a candidate for the U.S. House of Representa-
tives to have prior experience serving in an elective office in the state.
Exam No. ____
True False
-The Supreme Court has ruled that Congress overstepped its authority when it adopted a law defining the test of when a state interferes with the 14th Amendment’s protection of religious freedom.
-Although a federal issue has been raised and discussed, a state court’s decision will not be reviewed by the Supreme Court if the Court can find a separate and independent state ground for the result reached by the state court.
B-Worth 2 Points
Congress adopts a law stating: “The President shall have the power to declare rules restricting what cargos can be transported on commercial flights into the United States and within the several states. Violation of such restrictions shall be a felony punishable by up to 5 years imprisonment and up to a $50,000 fine.” Explain on the lines, below, whether and why this statute is or is not constitutional.
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C- Worth 1 Point
Which of the following statements is or are correct?
1- An Executive Agreement entered into by the President of the United States can supersede a prior state law.
2- A state law supersedes an Executive Agreement entered into by the President of the United States if the state law is more recent in time.
3- An Act of Congress cannot supersede a prior Treaty of the United States.
4- A Treaty does not have the force of law until it is authorized, confirmed or enforced by a Joint Resolution of Congress.
Ans. ___
Exam No._____
D-Worth 2 Points
It is 2010. A civil suit is filed against the newly elected President of the United States alleging that prior to the election, she defrauded shareholders of a company in which she held controlling shares by encouraging the company’s chief financial officer to inflate its income statement. If the suit succeeds, the President is likely to be forced into bankruptcy. The President’s lawyer has moved to stay the suit until the end of the President’s service in that office. In the space provided below, explain whether and why the motion should be granted or denied.
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E- Worth 1 Point
Baltimore enacts an ordinance controlling emissions by internal combustion engines (ICEs). The federal Clean Air Act also controls such emissions but allows a higher emission level than the Baltimore ordinance. The Federal Maritime Administration (FMA) inspects and certifies cranes that are mounted on ships. The Urchin is a vessel that carries automobiles between European ports and U.S. ports. Its cranes have been approved by the FMA. While inspecting cranes unloading cars at a Baltimore dock, municipal officials order that one of the crane engines be shut down because it emits too many pollutants. The ship owners sue in federal court to enjoin enforcement of the city’s ordinance. If true, which of the following statements would most help the ship owners’ case?
1- The quality of air differs widely around the country.
2- Baltimore’s air quality ordinance was adopted to improve public health.
3- The federal Clean Air Act establishes detailed guidelines for permissible levels of pollutant emissions.
4- The cost of repairing the crane engine to comply with the Baltimore ordinance would be more than $10,000.
Ans. ____