Constitutional Law MBE PQ 4
A long-standing federal law provides for the payment of a $250,000 death benefit to the immediate family of a firefighter who dies as a direct result of fighting a fire. The law provides that this payment is in addition to any other benefit paid to the firefighter's family from another source, but does not otherwise address the relationship between this law and any conflicting state law. Acting pursuant to a recently enacted state law, a state worker's compensation commission reduced the amount of compensation paid to the widow of a firefighter by the amount of the federal death benefit. The widow challenged the constitutionality of the state law. How should the court rule on the challenge?
Deny the challenge, because the commission's action did not affect the federal death benefit received by the firefighter's widow. Deny the challenge, because the federal law does not state that it expressly preempts conflicting state laws. Uphold the challenge, because the new state law was enacted after the long-standing federal law. Uphold the challenge, because the state law violates the Supremacy Clause of the United States Constitution. D
The economy of Orange County, which is located in State A, depends largely upon its orange industry. Fruit County, which is located in State B, grows oranges and apples. Fruit County sells a large amount of its fruit to Orange County. Recently, it was discovered that a new type of fruit fly has infested the apples in Fruit County. The fruit fly laid nearly undetectable eggs in the fruit and foliage of Fruit County's apple crops, and did not seem to be harmed by the pesticides normally used to prevent fruit flies. Although the fruit flies are capable of infecting orange crops, Fruit County has not yet identified any infected orange crops and has taken steps to protect their orange crops from infection. Orange County recently passed an ordinance prohibiting the sale of all fruit from Fruit County in Orange County. The stated purpose of the ordinance is to prevent fruit flies from Fruit County's infected apples from infesting the orange trees in Orange County. One of the orange growers from Fruit County who sells oranges in Orange County challenges the constitutionality of the ordinance. How should the court rule?
Find the statute constitutional, because the ordinance is only a local regulation, not a law passed by State A. Find the statute constitutional, because the ordinance serves the important local interest of protecting the primary economy of Orange County. Find the statute unconstitutional, because it unjustifiably protects the local sale of oranges at the expense of Fruit County orange growers. Find the statute unconstitutional, because prohibiting the sale of all fruit from Fruit County is not a reasonable way to remedy the fruit fly problem. B
A police officer made a sexually explicit video that the officer marketed on the internet. The video, which was made while the officer was off-duty, correctly identified the maker of the video as a police officer for the city in which the officer lived. The video depicted the officer engaged in indecent acts while wearing a police officer's uniform and brandishing a badge and gun. The officer had purchased the uniform, badge and gun from a Halloween costume shop; nothing in the video was acquired from the police department. When the chief of police learned of the video, she requested that the officer remove the video from the internet because it violated the police department's policy against immoral and unbecoming conduct. The officer, asserting that the video was intended as a parody of improper police behavior, refused to remove the video from the internet and was fired as a consequence. The officer brought an action against the police chief, seeking reinstatement to the police force. The officer contended that he had been dismissed for exercising his free speech rights. How should the court rule on the officer's action?
For the officer, because the intent of the video was to be a parody of improper police behavior. For the officer, because the officer truthfully indicated his profession and his employer. For the police chief, because the officer's video did not constitute speech on a matter of public concern. For the police chief, because a government employee does not enjoy free speech rights with respect to his employment. C
A state provided financial assistance to blind individuals for vocational rehabilitation. A college student qualified for this assistance due to his progressive macular degeneration. However, the state agency responsible for administering this assistance denied it to the student because he planned on using it to attend a private religious college to become a minister. The state agency determined that providing such assistance to the student would violate the First Amendment as applied to the states through the Fourteenth Amendment. The student has challenged this determination in court. How should the court rule?
For the student, because the spending of state funds is only subject to the rational basis test. For the student, because the grant does not violate the Establishment Clause For the state agency, because the grant violates the Free Exercise Clause. For the state agency, because the grant has the primary effect of advancing religion. B
In general, the beef industry has been gravitating towards grass-fed cows instead of corn-fed cows, for reasons of health and taste. Grass fields that grow hay to feed grass-fed cows are currently located in only 10 states. In order to capitalize on this growing market as a source of revenue, Congress recently enacted a statute placing a high per-unit sales tax on the type of grass used for hay. The tax will discourage cow farmers from feeding their cows grass instead of corn because of the significant increase in the cost of grass over corn. Additionally, the increased cost will eventually be passed on to consumers, who analysts predict will be less inclined to choose expensive grass-fed beef over cheaper corn-fed beef. If the farmers who harvest and sell this grass file a lawsuit in federal court challenging the constitutionality of this sales tax, are they likely to succeed?
No, because Congress can enact any legislation that is necessary and proper to execute its authority to produce revenue. No, because Congress has plenary power to impose and collect taxes if they are reasonably related to revenue production. Yes, because application of the tax will not be apportioned properly between the states that have the necessary grass fields and those that do not. Yes, because the tax violates the uniformity requirement of Article I, Section 8 of the Constitution. B
U.S. armed forces seized an alien engaged in combat against them in a foreign country. The alien was taken to a territory outside the United States but over which the United States had sovereign control. Shortly thereafter, Congress passed a law denying federal courts jurisdiction over habeas corpus petitions filed by individuals who were designated as enemy combatants, but did not generally suspend the privilege of filing habeas corpus petitions. Subsequently, the alien, who was designated an enemy combatant by the President, filed a habeas corpus petition in federal court. May the court hear this petition?
No, because Congress denied the federal courts jurisdiction over this type of petition. No, because Congress has plenary power over aliens. Yes, because Congress lacks the power to limit the jurisdiction of the federal judiciary. Yes, because the privilege of filing a habeas corpus petition extends to aliens in a territory over which the United States has sovereign control. D
A state sales tax applied to the sale of most items, including newspapers and magazines. A state statute has recently taken effect that exempts from this tax periodicals that are published or distributed by any religious organization and that consist wholly of writings promulgating the teachings of that religion. The statute requires the publisher of a qualifying periodical to demonstrate to a specified state tax official that it is a religious organization. The statute also specifies that the official may not question the reasonableness of the applicant's religious belief. The publisher of a magazine that does not qualify for this special tax exemption has filed an action in federal court, seeking a declaratory judgment that the exemption statute violates the Establishment Clause of the First Amendment. Should the court find that the tax exemption is constitutional?
No, because a religious organization cannot constitutionally qualify for a tax exemption. No, because the sales tax exemption is confined solely to religious organizations. Yes, because the exemption does not favor one religious sect over another. Yes, because the state, in granting the exemption, does not question the reasonableness of an organization's religious belief. B
A state law created legislative districts for both houses of the state's legislature based on the total population of the state. The variation in people assigned to a district between the largest and smallest districts for the state senate was eight percent. However, due to the disproportionate distribution of eligible voters in the state, the variation in eligible voters assigned to the largest and smallest districts for the state senate was 40 percent. A voter in the district with the largest number of eligible voters filed suit contending that the legislative districts violate the Equal Protection Clause of the Fourteenth Amendment to the United State Constitution. Is the voter's challenge likely to succeed?
No, because a state is permitted to draw state legislative districts based on total population. No, because a state senate district is not subject to the "one person, one vote" principle. Yes, because the districts do not comport with the "one person, one vote" principle. Yes, because even minor deviations in the size of state legislative districts are not permitted by the Equal Protection Clause. A
A physician employed by a public hospital refused to provide an abortion to a woman who had come to the hospital seeking an abortion. The woman, who was not indigent, was in her first trimester of pregnancy. She did not want to have the child for personal rather than medical reasons. The physician suggested that she obtain an abortion from a nearby private clinic. The physician was medically certified to perform abortions and personally willing to do so. However, the physician was adhering to a state law that prohibited abortions at hospitals operated by the state unless necessary for the life or health of the mother. Does the woman have a constitutional right to obtain an injunction to compel the physician to perform the procedure at the public hospital?
No, because a state may choose not to provide abortions at state operated hospitals. No, because, as the woman was not indigent, the state was not required to fund her abortion. Yes, because the state is interfering with the woman's fundamental right to have an abortion. Yes, because the woman was in her first trimester of pregnancy. A
Concerned with the federal budget deficit, Congress enacted a national property tax on all real property interests within the United States. A fixed rate is applied uniformly throughout the United States to the fair market value of these interests. Is this tax constitutional?
No, because of Article I, Section 9 of the Constitution, concerning direct taxes. No, because taxes on real property interests are historically a matter left to state and local governments. Yes, because it is uniformly applied throughout the United States. Yes, because of the Sixteenth Amendment to the Constitution. A
Under a federal statute, a business had a valid, mature claim for compensation against a corporation, which the corporation refused to pay. The business properly assigned all rights to this claim to an assignee who agreed to litigate the claim in exchange for a fee and return any recovery received to the business. In the subsequent lawsuit filed by the assignee in federal court, the defendant corporation filed a motion to dismiss the action. Should the court grant this motion?
No, because standing is not required unless a constitutional right is violated. No, because the assignee has standing to litigate this claim. Yes, because the assignee has not suffered an injury in fact. Yes, because any recovery would not redress an injury suffered by the assignee since the assignee is required to remit any recovery to the business. B
It has been proposed that the federal statutory exemption for interest earned by the holders of bonds issued by states to finance public works projects, such as highways and educational facilities, be repealed. These bonds are the primary method by which many states finance such projects. Since imposing an income tax on the bond interest would have the effect of increasing the interest that the state must pay on these bonds, this change would have a substantial adverse economic impact on the cost of these projects to the state. Would the repeal of this federal statutory exemption be constitutional?
No, because taxing this income would have a substantial adverse economic effect on the states. No, because the Tenth Amendment prohibits federal taxation of a state. Yes, because the federal government may impose taxes on the states just as the states may impose taxes on the federal government. Yes, because the tax would not be imposed directly on the states. D
The dean of the architecture department at a state university informed a graduate-level architecture student that if she did not improve her academic performance, she would not be allowed to remain a student at the university. When the student's grades did not improve the following semester, a faculty committee recommended that she be dismissed after careful review of her academic record. The student was not allowed to present evidence to the committee or attend the committee meeting. The dean accepted the committee's recommendation and subsequently dismissed the student. The student filed a constitutional challenge to her dismissal in federal court, contending that she had been deprived of her procedural due process rights. The court determined that she had been deprived of a liberty interest, but not a property interest, by being dismissed as a student. Is the court likely to rule in favor of the student?
No, because the court determined that she had not been deprived of a property interest due to her dismissal. No, because she was not entitled to a hearing since she was dismissed for academic reasons. Yes, because the court determined that she had been deprived of a liberty interest by her dismissal. Yes, because she was denied the right to present evidence to the committee and to attend the committee meeting. B
A citizen of the United States sued a citizen of a foreign country in the courts of that country and won a judgment. Based on the terms of the provisions of a self-executing treaty between the United States and the foreign country that had been approved by the Senate, the defendant is required to pay the plaintiff the amount awarded. Shortly thereafter, the defendant moved to the United States and became a citizen of the same state as the plaintiff. Does Article III of the U.S. Constitution permit the plaintiff to bring an action in the federal district court for his home state to enforce the foreign judgment?
No, because the defendant was a citizen of a foreign country at the time that the judgment was rendered. No, because the plaintiff and the defendant are citizens of the same state. Yes, because Senate approval of the treaty gives the federal district court jurisdiction over this matter. Yes, because the case arises under a treaty of the United States. D
A private contractor entered into an agreement with the Department of the Interior to remove a dam across a navigable river. The agreement called for the contractor to be paid for the expenses incurred in removing the dam plus an additional five percent of those expenses as his profit for completing the job. In purchasing materials for this job, state sales taxes were imposed. The contractor paid them, but after finishing the removal of the dam, he filed suit for a refund, contending that the state sales taxes were an unconstitutional taxation of the federal government. The state can show that its sales taxes are uniformly imposed on the purchasers of such materials and that they did not significantly increase the cost of the job. Is the contractor likely to be successful in his suit?
No, because the state sales taxes satisfied the uniformity requirement of the Taxing and Spending Clause of Article I, Section 8 of the U.S. Constitution. No, because the state sales taxes were imposed on the private contractor's purchase of the materials, and not directly on the federal government. Yes, because a state may not tax the federal government. Yes, because Congress has not specifically agreed to the imposition of these taxes. B
A city that ran overnight summer camps for girls entering their senior year of high school hired both men and women to be camp counselors. Each night, one camp counselor was assigned to supervise the girls as they camped in tents, while the other counselors slept in nearby cabins. After receiving several reports of campers sneaking off the campsite and into a nearby bar, the camp director conducted an investigation and discovered that on every night that the girls sneaked out, a male counselor was on duty. The city then passed a statute amending the camp's charter and requiring all counselors to be female. A male who had worked as a camp counselor for years before the change challenged the constitutionality of these actions as a violation of his right to equal protection under the Constitution. Is the male counselor likely to prevail?
No, because the statute addresses the important government interest of preventing underage drinking. No, because the statute is constitutional as a form of benign discrimination based only on a quasi-suspect classification. Yes, because the statute is motivated by animosity towards male counselors. Yes, because there is no persuasive justification for treating the sexes differently to address this governmental interest. D
A federal statute mandates that any entity employing 50 or more individuals must derive at least five percent of its energy needs from renewable resources. The Department of Energy (DOE) has been tasked with the enforcement of this statute. A county government that employs more than 50 individuals has sued the DOE official to whom enforcement of this statute has been properly delegated in the federal district court. The suit, which seeks injunctive relief from the enforcement of this statute, contends that the statute is unconstitutional as applied to the county government. Should the court rule that the statute is unconstitutional as applied to the county government?
No, because the statute does not commandeer county officials to regulate the conduct of others. No, because the federal government is immune from suit by the county government. Yes, because the statute violates the Tenth Amendment. Yes, because the statute violates the Eleventh Amendment. A
A city police officer sought and received an anticipatory warrant to search the defendant's premises for evidence of a crime. The defendant, seeking to suppress the evidence seized by the officer during the search, challenged the legality of the warrant. The highest court in the state, while noting that the federal Constitution permits anticipatory search warrants, clearly ruled that the state constitution, which contains language that is similar to the Warrant Clause of the Fourth Amendment, does not. The state has appealed this ruling to the United States Supreme Court. Which of the following actions must the Supreme Court take?
Refuse to hear the appeal. Reverse the state court decision, because the federal Constitution permits anticipatory warrants. Uphold the state court decision, because the federal Constitution does not require anticipatory warrants. Uphold the state court decision, because the issue involves a criminal matter, an area traditionally left to the states under the Tenth Amendment. A
A state statute criminalizes the public distribution in quantity of anonymous handbills related to any political party or candidate in connection with any election of state public officials. Previously, a citizen had been convicted for violation of this law with regard to handbills that he had distributed in opposition to the candidacy of particular person for mayor. His conviction was overturned on appeal by a state appellate court because the state failed to prove that he had distributed the handbills in quantity. The candidate, who had been successful in winning the office of mayor, had since resigned. The citizen, concerned that the former candidate might run again for elective office, has filed an action in federal court seeking a declaratory judgment that the criminal statute is unconstitutional due to overbreadth. How is the court likely to rule on this matter?
Rule in favor to the state, because the state has an interest in maintaining the integrity of state elections. Rule in favor of the citizen, because the statute has a chilling effect on the citizen's exercise of his First Amendment rights. Dismiss the action for lack of an actual, present controversy. Abstain from deciding the matter until the state court has the opportunity to construe the statute. C
Congress has passed legislation authorizing an appropriation of $5 million to buy land adjacent to a national historic battlefield in order to prevent its commercial development. Of the following, which provides the best constitutional justification for this congressional action?
Takings Clause of the Fifth Amendment Spending power found in Article I Property power found in Article IV, Section 3 Obligations of Contracts Clause of Article I, Section 10 B
A federal statute was enacted that banned all individuals born on a specific tiny sovereign island nation from entering the United States after it was established that only such individuals were carriers of a highly contagious and deadly virus. A U.S. citizen who had been born on the island nation has challenged the constitutionality of this statute in federal court after being denied reentry to the United States. Which of the following constitutional clauses provides the best grounds for this challenge?
The Comity Clause of Article IV. The Due Process Clause of the Fifth Amendment. The Naturalization Clause of Article I, Section 8. The Privileges or Immunities Clause of the Fourteenth Amendment. B
Public schools within a state are managed by local school boards, which have the authority to impose taxes on real property owners within a school district. The members of each local school board are elected, and eligible voters for each local school board election consist of the owners of real property within the county. Of the following, which is the most likely constitutional basis on which this method of electing the local school board can be challenged?
The Elections Clause of Article I, Section 4 of the United States Constitution The Takings Clause of the Fifth Amendment to the United States Constitution as made applicable to the states through the Fourteenth Amendment The Due Process Clause of the Fourteenth Amendment to the United State Constitution The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution D
A federal marshal was escorting a prisoner from federal court back to prison when the prisoner attempted to escape. The marshal, in the process of foiling the prisoner's escape, accidentally shot and killed an innocent bystander. The local district attorney has charged the marshal with involuntary manslaughter under state law. Of the following, which would provide the marshal with best constitutional defense to this charge?
The Supremacy Clause of Article VI of the U.S. Constitution. The Due Process Clause of the Fifth Amendment to the U.S. Constitution The Eleventh Amendment to the U.S. Constitution The Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution A
An attorney brought an action challenging the constitutionality of a recently enacted federal statute that permits the seizure of confidential communications between a U.S. citizen located in the United States and a foreign national living abroad. The attorney, a U.S. citizen, represented foreign nationals who were held in federal custody, and although she was unable to establish that a particular conversation with one of her clients had been intercepted, she contended that the statute had a chilling effect on her First Amendment freedom of speech rights. The attorney is seeking an injunction against the appropriate federal officials to prevent implementation of the statute. Who bears the burden of establishing that the attorney has standing to bring this action?
The attorney, because she cannot establish a present injury. The attorney, because she is the plaintiff. The federal officials, because the attorney is asserting that the statute violates her constitutional rights. The federal officials, because the injunction sought by the attorney would prevent her injury. B
A state passed a law prohibiting the construction of any structure within 100 feet of the shoreline of an inland lake. A landowner owned a piece of empty lakefront property that extended 200 feet beyond the shoreline. The landowner sued the state, alleging that the law constituted a taking. Which of the following, if raised at trial, would not factor into the court's determination of whether or not a taking has occurred?
The degree to which the law benefits society at large. Whether the law substantially advances a legitimate government interest. The owner's intentions in possessing the property. The owner's ability to sell the property to a third party. B
In the spring, a farmer leased land from his neighbor and planted barley on that land. The barley became infected with a parasite, which had little effect on the farmer's crop but would have a devastating effect on wheat grown by other farmers throughout the state if it spread. Since there was no known pesticide for the parasite, a state agricultural agent ordered the destruction of the barley in order to prevent the spread of the parasite to nearby wheat. The agent was acting pursuant to a statute enacted the prior year by a legislature concerned about the presence of the parasite in a nearby state. The farmer demanded compensation from the state for the destruction of his crop. Which of the following provides the best support for the state's denial of the farmer's demand for compensation?
The farmer did not own the land. The state itself did not benefit from the destruction of the barley. The destruction was necessitated by a public peril. The statute was enacted prior to the time that the farmer leased the land and planted his crop. C
A small island nation is projected to disappear within the next several decades because of rising oceanic levels. Upset that the United States is not doing enough to combat global warming, which the nation's leader believes is the primary cause of the rising water levels, she has called upon individuals born on the island and now living in the United States to engage in acts of terrorism to bring attention to the nation's plight and to motivate the United States to take immediate action to combat global warming. In response, the President of the United States has issued an executive order requiring the Federal Bureau of Investigation to surveil anyone who was born on the island in order to detect and prevent any planned terrorist acts. Individuals born on the island who now are naturalized citizens of the United States have challenged this executive order in federal court as a violation of the Due Process Clause of the Fifth Amendment of the United States Constitution. By what standard should the court consider this challenge, and which party bears the burden of proof?
The federal government must demonstrate that the executive order is the least restrictive means available to achieve a compelling governmental interest. The federal government must demonstrate that the executive order is substantially related to an important governmental interest. The plaintiffs must demonstrate that the executive order is not substantially related to an important governmental interest. The plaintiffs must establish that the executive order is arbitrary or irrational. A
A city transferred ownership of public streets within a housing development to the city's housing authority. The city council then adopted an ordinance declaring these streets private property under the control of the housing authority. Pursuant to that authority, the housing authority posted "no trespassing" signs and authorized the city's police to serve a barment notice on any person who could not demonstrate a "legitimate business or social purpose" for being on the premises. The barment notice forbade the person from returning to the property. The housing authority also authorized the city's police to arrest any person who disobeyed a previous barment notice for trespassing. A person walking through the housing authority property received a barment notice and was subsequently arrested by city police for trespassing after being found on the property a second time. The person has challenged his conviction on the grounds that the housing authority's policy violates the First Amendment on its face as an overbroad restriction on speech. Of the following, which is the least likely basis upon which the court would deny this challenge?
The person has not met his burden of establishing that the housing authority's policy is overbroad. The person lacks standing to challenge the housing authority's policy on the grounds of overbreadth. The policy does not affect a substantial amount of constitutionally protected speech. The policy does not directly punish speech or conduct related to speech. B
A federal act seeks to encourage the conservation of migratory nongame birds by providing funding to private organizations for conservation activities. The act serves to implement a non-self-executing treaty that has been ratified by the Senate. Which of the following statements about the act is accurate?
This act is unconstitutional, because Congress may not allocate federal funds to private organizations. This act is unconstitutional, because Article I of the U.S. Constitution does not authorize Congress to legislate with respect to treaties. This act is constitutional, under Congress's general police power. This act is constitutional, because Congress can enact laws that are necessary and proper to carry into effect a treaty. D
A federal law provides that the President may request that Congress rescind an appropriation of funds. The law also provides that, if both the House and Senate have not approved legislation rescinding the appropriation within 45 days of the request, the President is required to expend the funds. The President, finding that specific congressional legislation mandating the expenditure of funds to repair a federal facility that was slated for closure was unnecessary, vetoed the legislation. Congress passed the legislation over the President's veto by a two-thirds vote in both the Senate and the House. The President then requested that Congress rescind the appropriation. Two months after the request, neither the House nor the Senate had taken any action on the President's request. Is the President constitutionally required to expend funds for the repair of the federal facility?
Yes, because congressional passage of the legislation over the President's veto prevents the President from exercising his power to impound funds. Yes, because Congress did not act on the President's request. No, because the President vetoed the original appropriations legislation. No, because the President determined that the expenditure of funds was unnecessary. B
A defendant was convicted in a state trial court of violating a state "disturbing the peace" statute by wearing a jacket printed with profane language. The defendant decided not to appeal his conviction to a state appellate court. Instead, he filed a writ of certiorari with the U.S. Supreme Court seeking to overturn his conviction on grounds that his First Amendment right to freedom of expression, as made applicable to the states via the Fourteenth Amendment, had been violated. By statute, Congress has provided that the U.S. Supreme Court may review, by writ of certiorari, any final judgment rendered by the highest court of a state in which a decision could be had where the validity of a state statute is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States. Constitutionally, can the U.S. Supreme Court hear this appeal?
Yes, because the defendant is asserting that his conviction under the state criminal statute violates his rights under the U.S. Constitution. Yes, because Congress cannot limit the appellate jurisdiction of the U.S. Supreme Court when the appeal involves the alleged denial of a right under U.S. Constitution. No, because the defendant was convicted of violating a state rather than a federal statute. No, because the defendant did not appeal his conviction to a state appellate court. D
Compared to traditional incandescent light bulbs, energy-efficient light bulbs typically use approximately 25%-80% less energy. Although most manufacturers of light bulbs have switched to making energy-efficient light bulbs, manufacturers of light bulbs in 10 states still only make traditional incandescent light bulbs. In order to discourage the use of traditional incandescent bulbs, which accelerates the negative consequences of climate change and results in more waste in landfills, Congress imposed a tax on the sale of traditional light bulbs by any manufacturer. The stated purpose of the tax is to generate revenue to help further research to prevent climate change. Is this tax constitutional?
Yes, because there is geographical uniformity in the application of the tax. Yes, because the tax is necessary and proper to further a compelling governmental interest. No, because the tax exceeds the point at which financial pressure turns into unconstitutional compulsion No, because this direct tax will not be apportioned evenly among the states. A
A professional football player was accused of sexually assaulting a young man in a local bar. The prosecution refused to divulge the name of the alleged victim. Nevertheless, a reporter determined the alleged victim's identity through interviews of eyewitnesses present at the scene. The reporter's newspaper published the alleged victim's name, causing the alleged victim extreme embarrassment. The alleged victim sued the newspaper and the reporter. Can the alleged victim recover damages?
Yes, the alleged victim can recover from the reporter. Yes, the alleged victim can recover from the newspaper. Yes, the alleged victim can recover from the newspaper and the reporter. No, the alleged victim cannot recover from either the newspaper or the reporter. D
A proposed federal statute would make it a crime to force anyone to engage in prostitution against his or her will anywhere in the United States. Is this proposed statute likely unconstitutional?
Yes, under the Tenth Amendment, because it invades a traditional area of state regulation. Yes, because Congress cannot enact criminal laws. No, because the Thirteenth Amendment gives Congress the power to eliminate involuntary servitude. No, because the Necessary and Proper Clause allows Congress to legislate for the general welfare. C
