Brief Hypotheticals 04.1

Gilleo displayed a large sign on her front lawn that read, "Say No to War in the Persian Gulf, Call Congress Now." The city of Ladue fined her for violating its prohibition on signs on front lawns. Gilleo sued. The city claimed that it was regulating "time, place, and manner." Who should win? a. Gilleo, because the prohibition was overly broad. b. Gilleo, because only Congress can regulate the "time, place, and manner" of political speech. c. Ladue, because Gilleo violated a valid local rule. d. Ladue, because Gilleo's conduct is not considered speech.

a. Gilleo, because the prohibition was overly broad.

Marcel is picnicking in a crowded local park. He decides he would be more comfortable naked, so he takes off all his clothes. He can enjoy only a few more bites of his lunch before he is arrested for violating city ordinances about public nudity. Marcel sues. If the court finds that Marcel's actions do not warrant First Amendment protection, it is probably because: a. His nudity was not intended to convey a particularized message. b. There were children at the park. c. The Federal government does not regulate this issue, so state law controls. d. He was not speaking while he was naked.

a. His nudity was not intended to convey a particularized message.

In the 1950s, Illinois enacted legislation requiring trucks to have curved mud flaps. There was no federal law about mud flaps at the time, but the Illinois statute was enacted because state legislators asserted that the curved mud flaps were more effective in preventing accidents than the straight mud flaps. Several trucking companies brought suit, because the Illinois statute conflicted with the laws of other states that required straight mud flaps. Was the Illinois statute constitutional? a. No because it violated the Commerce Clause. b. Yes because it did not discriminate against out of state truckers. c. Yes, there was no federal statute so the state statute did not violate the Supremacy Clause. d. No, the Supremacy Clause does not allow conflicting state legislation.

a. No because it violated the Commerce Clause.

Congress has passed a new securities law. If the president disagrees with this statute, what is his/her best course of action? a. The president can veto the bill. b. The president can mandate judicial review to determine if the bill is constitutional. c. The president can mandate a public hearing so that opponents of the bill can cross-examine agency experts. d. The president controls the "power of the purse" and can cut the budget for the Securities and Exchange Commission, which regulates securities.

a. The president can veto the bill.

David paid $975,000 for two beachfront lots in coastal South Carolina, with the intention of building residential homes on each. Two years later, the South Carolina legislature passed the Beachfront Management Act, barring any further development of the coast, including David's lots. When David files a complaint to seek compensation for his property, South Carolina refuses, pointing to a passage in David's own complaint that states "the Beachfront Management Act [was] properly and validly designed to preserve... South Carolina's beaches..." Is South Carolina required to compensate David under the Takings Clause? a. Yes, because the Beachfront Management Act renders David's property economically valueless. b. No, because the Beachfront Management Act was a proper exercise of South Carolina's authority, and no "taking" occurred. c. Yes, because South Carolina is taking title to the property. d. No, because there is no physical "taking" of David's property, and he can still use it.

a. Yes, because the Beachfront Management Act renders David's property economically valueless.

Congress passed the Civil Rights Act of 1964, a statute that prohibits employment discrimination based on race, color, religion, sex, or national origin. Congress also established an administrative agency, the Equal Employment Opportunity Commission (EEOC) to enforce this statute. The EEOC created guidelines that define terms such as "race/color discrimination" and "sex discrimination." These guidelines are an example of: a. interpretive rules because they are clarifying an ambiguous statute. b. judicial rules because they will be used in litigation. c. interpretive rules because they are expanding the scope of a statute. d. legislative rules because they require businesses to act in a certain way.

a. interpretive rules because they are clarifying an ambiguous statute.

This chapter is filled with examples of statutes that have been struck down by the courts. A Texas law banning flag burning was rejected by the Supreme Court, as was a Louisiana death penalty statute. Which of the following refers to the power of the Supreme Court to strike down congressional statutes as unconstitutional? a. Adjudication b. Judicial Review c. Federalism d. Veto

b. Judicial Review

Eighteen-year-old Alisha was driving through her neighborhood one afternoon and recognized six-year-old Timmy, a member of the Caldwell family, who lived a block away from her house. Alisha used to babysit for Timmy on weekday afternoons until a few months ago, when she started working at a local grocery store. From her car, Alisha could see Timmy was flailing around in the water next to the dock of Maverick Pond, the neighborhood's favorite fishing spot. Alisha knew that the there was a big drop off there where the water was very deep, well over Timmy's head. Because she was late for work, she decided to keep driving, thinking that Timmy's parents must be close by. She feels terrible later when she discovers that Timmy is hospitalized in critical condition after nearly drowning in the pond. Did Alisha have a legal obligation to come to Timmy's aid? a. Yes, because Alisha had a special relationship with Timmy as his babysitter. b. No, because she wasn't babysitting Timmy that day. c. Yes, because Alisha had a special relationship with Timmy as his neighbor. d. No, because she thought Timmy's parents were nearby.

b. No, because she wasn't babysitting Timmy that day.

Andre is in 11th grade at his local public high school. He wants to take the school's ballet class as one of his required electives, but the school allows only girls to enroll in the class. Andre sues under the 14th Amendment. How will a court determine the result? a. The court will apply minimal scrutiny, and the school will have to demonstrate that the rule is substantially related to an important government interest. b. The court will apply intermediate scrutiny, and the school will have to demonstrate that the rule is substantially related to an important government interest. c. The court will apply intermediate scrutiny, and the school will have to demonstrate that the rule is rationally related to a legitimate goal. d. The court will apply strict scrutiny, and the school will have to demonstrate that the rule is necessary to promote a compelling state interest.

b. The court will apply intermediate scrutiny, and the school will have to demonstrate that the rule is substantially related to an important government interest.

Eloise plans to build an addition on her house that she will operate as a bed and breakfast. The town rejects her plans on the grounds that she must first purchase from the town an expensive commercial building permit. Eloise argues that she is just modifying her own residence and that she owned the residence before the commercial permit legislation was passed. She argues she that, therefore, does not need the expensive permit. At the court hearing on her case, the town mayor serves as judge. This is: a. a violation of substantive due process requirements. b. a violation of procedural due process requirements. c. a violation of the Commerce Clause. d. proper procedural due process because Eloise has a chance to be heard.

b. a violation of procedural due process requirements.

Erica owns a waterfront home in South Carolina and is interested to know what information South Carolina has about her property and her tax obligations. May Erica use the Freedom of Information Act (FOIA) to obtain this information? a. Yes. The documents Erica is seeking are not among the nine categories that are exempted under FOIA. b. Yes. Citizens are entitled to any records the government has about them. c. No. No FOIA may not be used to obtain tax information. d. No. FOIA may not be used to obtain information from state governments.

d. No. FOIA may not be used to obtain information from state governments.