8/13/2019 Con Law I 2006 Exam

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FINAL EXAM

Constitutional Law ISouthern University Law CenterProfessor Winston W. Rii!"

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PAR( I. Please answer as (rue )(* or False )F*There are 25 questions, with each worth one point for a total of 25 points. Please numberyour answers and put the answers in your blue book.

_____ 1. Conress has the power to reulate the !.". "upreme Court# s oriinal$urisdiction.

_____ 2. The !.". "upreme Court has only oriinal $urisdiction.

_____ %. &'ecuti(e pri(ilee is the riht of department secretaries to be free from arrest anddetention while ser(in in public office.

_____ ). "tates may not ta' e'ports.

_____ 5. *ederal preemption may be either e'press or implied.

_____ 6. Gibbons v. Ogden andMartin v.Hunter's Lessee established the doctrine of$udicial re(iew.

_____ +. n 1--, Conress /in 0The inetem 3eto 4ct,0 P.. 1)1%6 deleated to thePresident a limited, line item (eto, which the !. ". "upreme Court declareconstitutional in Clinton v. New York.

_____ 7. The abstention doctrine established a leal principle prohibitin alcohol

consumption, and this was later incorporated in the 17th 4mendment.

_____ -. To limit cases that the "upreme Court will hear, the Court has establisheddoctrines of case and contro(ersy, mootness, ripeness and $usticiability.

_____ 10. McCullough v. Maryland was the first ma$or case to reconi8e the 0impliedpowers0 of Conress based on an e'pansi(e (iew of the 0necessary and properclause0.

_____ 11. 9o state may constitutionally impose a sales and use ta' at the same time.

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_____ 12. n City of Boerne v. Flores, the "upreme Court upheld Conress:ssubstanti(e power under ;5 of the 1)th 4mendment 0to enforce0 by0appropriate leislation0 and therefore define the reliious freedoms ofciti8ens. The Court concluded ;5 was not limited to remedial powers.

_____1%. The Constitution authori8es Conress to appoint inferior officers.

_____ 1). The leislati(e (eto, in IN v. Chadha, was held to be an unconstitutionalattempt by Conress to e'ercise e'ecuti(e branch functions, thus (iolatin thepresentment clause and bicameralism.

_____ 15. 4rticle , ;2, Cl. 2 and ;%, Cl. %, of the Constitution established ae,citi8enship and residency qualifications for members of Conress. n U.S. v.!er" Li"its, Inc. v. !hornton, the Court held these were 0e'clusi(equalifications0 and neither Conress nor the "tates had the power to add tothese qualifications.

_____ 1. Conress has the power to e'cept from and reulate the !.". "upremeCourt#s appellate $urisdiction.

_____ 1+. The dormant commerce clause has two e'ceptions< 16 conressional appro(al and 26the market participant e'ception.

_____ 17. n #$ %arte McCardle /1776, the "upreme Court held that the e'ceptionsand reulation clause authori8ed the Conress to limit the appellate$urisdiction of the "upreme Court to decide cases brouht under the =rit of >abeasCorpus.

_____ 1-. The "upreme Court has held that there are fi(e ma$or $usticiability doctrines< 16the prohibition aainst ad(isory opinions, 26 standin, %6 ripeness, )6mootness and 56 the political question doctrine. 4ll must be met for any

federal court, at any le(el, to hear a case.

_____ 2. *or a plaintiff to ha(e standin in a federal court, they must allee and pro(eouse supports rantin the President thepower, in his discretion, to halt tradin of the stock of any company that is sei8ed pursuant toe'ecuti(e order. The "enate arees with the first pro(ision, but disarees with the second.The final (ersion of "4T4P4 appro(ed by both houses allows the President to take control ofcertain crucial industries, but does not empower the President to halt or suspend tradin ofstock of such a company sei8ed. The President sins the bill into law.

The President is briefed that the Taliban, /the 0Tal06, a terrorist orani8ation, is about todisrupt the oil industry by contaminatin all abo(eround asoline storae facilities withsufficient quantities of radioacti(e liquid waste to make the asoline unusable thus cripplinnational transportation. 4rmed with his 0new0 authority, the President proceeds to sei8e bothGle''on Hil Company, which controls si'ty percent /I6 of the asoline storae in thecountry, and the "krappy Disposal Company, which controls se(enty percent /+I6 of the ofthe radioacti(e liquid waste in the country. The Tal, the President had been informed, hasinfiltrated both companies. 4s a protecti(e measure, the President replaces all manaerialpersonnel in both companies with members of the armed forces and aents of the *ederalGureau of n(estiation and halts all transportation of asoline and radioacti(e liquid wastecontrolled by Gle''on and "krappy respecti(ely, placin the facilities of both companiesunder armed uard. To pre(ent the stock of both companies from plummetin, the Presidentsuspends tradin in the shares of Gle''on and "krappy. Goth are 9ew Jork "tock &'chanelisted companies. Gle''on is one of the % stocks that make up the DE4, which is the widestreconi8ed stock market indicator in the !nited "tates, and "krappy is one of the "FP 5and thus one of the 5 larest !nited "tates companies by stock market (alue.

Predictably, the Goards of Directors of Gle''on and "krappy file suit, challenin thePresident#s actions and seekin immediate in$uncti(e relief. Jou are the law clerk for *ederalDistrict Eude Twain to whom the case is allotted, and you are to brief the Eude on what, ifany, constitutional issues are raised by the facts presented and the companies# requests forin$uncti(e relief. Please raft your ,e,o.

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PAR( I. Please -e s#e!ifi! an !on!ise in your answer.The question is worth a total of 2 points. Please put the answer in your blue book.

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>urricane Katrina hit 9ew Hrleans in 4uust, 2. =ind and flood causedsubstantial property damae and created unsanitary and unsafe conditions. Lany areas of thecity are still unli(able in 9o(ember, 25, when you are hired in the City 4ttorney#s Hffice.The City 4ttorney hands you two ordinances and asks you to i(e her a leal memorandum on theconstitutional issues presented by the ordinances.

P4T 4.

Hrdinance Hne pro(ides that