FINAL EXAM Constitutional Law I Southern University Law Center Professor Winston W. Ri i!" S#rin$ %&&' 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 number your answers and put the answers in your blue book. _____ 1. _____ 2. _____ %. _____ ). _____ 5. _____ 6. _____ +. Con ress has the power to re ulate the !.". "upreme Court#s ori inal $urisdiction. The !.". "upreme Court has only ori inal $urisdiction. &'ecuti(e pri(ile e is the ri ht of department secretaries to be free from arrest and detention while ser(in in public office. "tates may not ta' e'ports. *ederal preemption may be either e'press or implied.
Gibbons v. Ogden and Martin v. Hunter's Lessee established the doctrine of $udicial re(iew.

,n 1--., Con ress /in 0The 1ine2,tem 3eto 4ct,0 P.1. 15)21%56 dele ated to the President a limited, line item (eto, which the !. ". "upreme Court declare constitutional in Clinton v. New York. The abstention doctrine established a le al 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 established doctrines of case and contro(ersy, mootness, ripeness and $usticiability.
McCullough v. Maryland was the first ma$or case to reco ni8e the 0implied powers0 of Con ress based on an e'pansi(e (iew of the 0necessary and proper clause0.

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9o state may constitutionally impose a sales and use ta' at the same time. Pa e one of si' pa es

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,n City of Boerne v. Flores, the "upreme Court upheld Con ress:s substanti(e power under ;5 of the 1)th 4mendment 0to enforce0 by 0appropriate le islation0 and therefore define the reli ious freedoms of citi8ens. The Court concluded ;5 was not limited to remedial powers. The Constitution authori8es Con ress to appoint inferior officers. The le islati(e (eto, in IN v. Chadha, was held to be an unconstitutional attempt by Con ress to e'ercise e'ecuti(e branch functions, thus (iolatin the presentment clause and bicameralism. 4rticle ,, ;2, Cl. 2 and ;%, Cl. %, of the Constitution established a e, citi8enship and residency qualifications for members of Con ress. ,n U.S. v. !er" Li"its, Inc. v. !hornton, the Court held these were 0e'clusi(e qualifications0 and neither Con ress nor the "tates had the power to add to these qualifications. Con ress has the power to e'cept from and re ulate the !.". "upreme Court#s appellate $urisdiction. The dormant commerce clause has two e'ceptions< 16 con ressional appro(al and 26 the market participant e'ception. ,n #$ %arte McCardle /17.76, the "upreme Court held that the e'ceptions and re ulation clause authori8ed the Con ress to limit the appellate $urisdiction of the "upreme Court to decide cases brou ht under the =rit of >abeas Corpus. The "upreme Court has held that there are fi(e ma$or $usticiability doctrines< 16 the prohibition a ainst ad(isory opinions, 26 standin , %6 ripeness, )6 mootness and 56 the political question doctrine. 4ll must be met for any federal court, at any le(el, to hear a case. *or a plaintiff to ha(e standin in a federal court, they must alle e and pro(e< 16 that they ha(e suffered an in$ury in fact or imminently will suffer an in$ury in fact? 26 that the defendant caused the harm and %6 that it is likely that a fa(orable court decision will remedy the in$ury. ,n Flast v. Cohen /1-.76, the "upreme Court reco ni8ed only one e'ception where ta'payer standin is permitted< to challen e o(ernment e'penditures as (iolatin the establishment clause of the first amendment.

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The "upreme Court will not hear cases dealin with malapportionment of le islati(e bodies and partisan errymanderin because it considers these cases to be political questions. The "upreme Court in Lut h e r v. Bor d e n /17)-6 held that cases under the @uaranty Clause /4rticle ,3, "ection )< pro(ides that each state shall be uaranteed a republican form of o(ernment6 are non $usticiable. Con ress can only re ulate commerce that crosses state lines. ,n &. . v. Morrison, the "upreme Court held that Commerce Clause re ulation of intrastate acti(ity will be upheld where that acti(ity is economic in nature.

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PAR( II. Please efine an e+#lain the si$nifi!an!e of the followin$ ter,s. There are ten questions, with each worth three points for a total of %5 points. Please number your answers and put the answers in your blue book. 1. 2. %. ). 5. .. +. 7. -. 15. &' post facto laws procedural due process and substanti(e due process $udicial re(iew e'ecuti(e pri(ile e the market participant doctrine the Acase and contro(ersyB requirement standin the sources of Con ress: power to enforce the reconstruction amendments the political question doctrine the doctrine of $udicial restraint

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PAR( III. Please -e s#e!ifi! an !on!ise in your answer. This question of worth a total of 25 points. Please put the answer in your blue book. Concerned about the threat of terrorist acti(ities and the country#s ability to respond to those threats, the >ouse of Cepresentati(es mo(es to enhance the President#s powers throu h a "upplemental 4nti2Terrorist 4ction Powers 4ct /"4T4P46. The >ouse fa(ors i(in the President the unilateral authority to issue an e'ecuti(e order allowin the o(ernment to take control of and mana e crucial industries, when necessary in the $ud ment of the President. ,n addition, the >ouse fa(ors authori8in the President to take actions in the financial sector so as to cushion any ne ati(e impacts on =all "treet, specifically, upon key market indicators such as the Dow Eones ,ndustrial 4(era e /0DE,406 and the "tandard F Poors 555 /0"FP 55506, that mi ht occur as a result of his actions. The >ouse supports rantin the President the power, in his discretion, to halt tradin of the stock of any company that is sei8ed pursuant to e'ecuti(e order. The "enate a rees with the first pro(ision, but disa rees with the second. The final (ersion of "4T4P4 appro(ed by both houses allows the President to take control of certain crucial industries, but does not empower the President to halt or suspend tradin of stock of such a company sei8ed. The President si ns the bill into law. The President is briefed that the Taliban, /the 0Tal06, a terrorist or ani8ation, is about to disrupt the oil industry by contaminatin all abo(e2 round asoline stora e facilities with sufficient quantities of radioacti(e liquid waste to make the asoline unusable thus cripplin national transportation. 4rmed with his 0new0 authority, the President proceeds to sei8e both Gle''on Hil Company, which controls si'ty percent /.5I6 of the asoline stora e in the country, and the "krappy Disposal Company, which controls se(enty percent /+5I6 of the of the radioacti(e liquid waste in the country. The Tal, the President had been informed, has infiltrated both companies. 4s a protecti(e measure, the President replaces all mana erial personnel in both companies with members of the armed forces and a ents of the *ederal Gureau of ,n(esti ation and halts all transportation of asoline and radioacti(e liquid waste controlled by Gle''on and "krappy respecti(ely, placin the facilities of both companies under armed uard. To pre(ent the stock of both companies from plummetin , the President suspends tradin in the shares of Gle''on and "krappy. Goth are 9ew Jork "tock &'chan e listed companies. Gle''on is one of the %5 stocks that make up the DE,4, which is the widest reco ni8ed stock market indicator in the !nited "tates, and "krappy is one of the "FP 555 and thus one of the 555 lar est !nited "tates companies by stock market (alue. Predictably, the Goards of Directors of Gle''on and "krappy file suit, challen in the President#s actions and seekin immediate in$uncti(e relief. Jou are the law clerk for *ederal District Eud e Twain to whom the case is allotted, and you are to brief the Eud e on what, if any, constitutional issues are raised by the facts presented and the companies# requests for in$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 25 points. Please put the answer in your blue book.

>urricane Katrina hit 9ew Hrleans in 4u ust, 255.. =ind and flood caused substantial property dama e and created unsanitary and unsafe conditions. Lany areas of the city are still unli(able in 9o(ember, 2555, 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 le al memorandum on the constitutional issues presented by the ordinances. P4CT 4. Hrdinance Hne pro(ides that< 1. 2. %. ). 5. PAR( 2. Hrdinance Two pro(ides that< 1. 2. %. ). Demolition of buildin s can be done by property owners, but after Eanuary 1, 255., all buildin s will be torn down by city employers or contractors? 9o property owner will be compensated for demolition work on their property? City contractors and employees will be compensated by the city for their demolition work? 4ll contractors must be domiciled in 9ew Hrleans and must employ only 9ew Hrleans residents? 4ll buildin s and structures will be inspected to see if they comply with the city#s buildin codes and can be rehabilitated at a reasonable cost? the principal purpose of the inspections will be safety and soundness of structures? pre(ention of bli ht and spread of disease? &ach inspector, after completin the inspection shall file a written report detailin the structure#s condition? ,nspectors shall determine whether structures are to be torn down and upon such determination shall spray the front door with red paint22with the symbol2/010 ? Thirty /%56 days after the demolition decision and paintin , the city will issue emer ency contracts for the abolition of the structures within thirty /%56 days.

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The City will not compensate property owners for the loss of their property? 4ll demolished property will be non2compliant with the city buildin code.

4fter you finish readin these ordinances, the City 4ttorney asks you to write a le al memorandum. 4ddress each ordinance separately and answer these questions, to wit< 1. 2. % ). 4re these ordinances constitutional as writtenM Please e'plain why or why not they are constitutional. =hat constitutional pro(ision will you rely on in your analysisM =hat constitutional analysis, reasonin and standards will you useM =hat pro(isions of the ordinance would you modify, amend or eliminateM =hat lan ua e would you add in the ordinances to stren then their constitutionalityM

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