Exam 5: Constitutional Principles

[Leaf] Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", an abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he was terminated. -According to our system of checks and balances, what can the other branches of government do if the President vetoes a bill that Congress believes is necessary to protect the welfare of the people?

Why have most courts struck down most hate speech codes and codes of conduct?

[Animal Care] Kimora, a licensed veterinarian, was recently elected to the U.S. Senate. Kimora is very concerned about the lack of care for homeless cats and dogs. She proposes legislation whereby citizens of all states are to be taxed sufficiently to provide for no-kill animal shelters, and that citizens in states with higher than average incomes are to be taxed at a higher rate than citizens of other states. She also proposes that federal funds for state highways be denied to any state that fails to provide assistance to low-income citizens in covering pet vaccinations. José, another new senator, tells Kimora that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sven, another senator, tells Kimora that Congress has no authority to link highway funds or any other funds with social welfare objectives. Devonne, a clerk in the Senate, tells Kimora that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state. -Is Devonne's statement about taxing residents of different states correct?

In United States v. Lopez, the U.S. Supreme Court addressed the constitutionality of the Gun-Free School Zone Act. What did the Court rule?

Most of the amendments to the Constitution are applicable to corporations. The courts have said that:

[Animal Care] Kimora, a licensed veterinarian, was recently elected to the U.S. Senate. Kimora is very concerned about the lack of care for homeless cats and dogs. She proposes legislation whereby citizens of all states are to be taxed sufficiently to provide for no-kill animal shelters, and that citizens in states with higher than average incomes are to be taxed at a higher rate than citizens of other states. She also proposes that federal funds for state highways be denied to any state that fails to provide assistance to low-income citizens in covering pet vaccinations. José, another new senator, tells Kimora that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sven, another senator, tells Kimora that Congress has no authority to link highway funds or any other funds with social welfare objectives. Devonne, a clerk in the Senate, tells Kimora that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state. -Is Sven's statement about linking funds with social welfare objectives correct?

Set forth the Central Hudson Test for Commercial Speech.

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes. Corina has a business training lizards for use in television and movies. Her star lizard, a massive iguana named Izzy, likes to have her own seat on the airplane. In order to promote her business, Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes. -Under what circumstances may Montana regulate the same subject matter as the federal government?

[Junk Food] Denise McCrae is a school-board member in Mariposa County. Appalled by the amount of junk food in the schools, she convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 600 feet of any school or daycare center. A political science teacher questions whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court claiming that the law impermissibly affects interstate commerce. -Which of the following is the best definition of the term "police power"?

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes. Corina has a business training lizards for use in television and movies. Her star lizard, a massive iguana named Izzy, likes to have her own seat on the airplane. In order to promote her business, Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes. -Corina believes the lizard ban by the Federal Aviation Administration (FAA) is not a law because it is an administrative agency rule. Is she correct?

In the landmark case of Marbury v. Madison, the U.S. Supreme Court determined that ________.

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Sari, a wealthy Hollywood director, worked with the California legislature to create a law that banned actors and actresses from auditioning for roles outside of their gender. Under what test would a court analyze this law to determine if it violated the equal protection clause?

The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws.

In South Dakota v. Dole, the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age was questioned. What did the U.S. Supreme Court rule?

Which statement about the ability of individual states to collect sales tax on Internet transactions is true?

What was the result at the U.S. Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" of the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Under the authority of the commerce clause, Congress can pass laws as long as what criteria are met?

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes. Corina has a business training lizards for use in television and movies. Her star lizard, a massive iguana named Izzy, likes to have her own seat on the airplane. In order to promote her business, Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes. -If Montana decided to modify it's state laws to permit giant lizards on airplanes, would the courts consider this action to be unconstitutional?