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You could see any one of several types of questions on your final exam. One
type, which you should be already familiar with, is the general issue spotter, which is
commonly given in law school. In this type of question you will be given a hypothetical
that raises a number of constitutional law issues. You will be expected to sort through
the facts in order to identify the legal issues, organize your response and provide a
legal analysis that sets forth the relevant rules and applies those rules in a coherent
fashion. A good answer always uses the word because and never invokes the
response but why? You should only discuss history, policy and theory to the extent
that it helps solve the particular legal issues presented in the questions. In other
words, do not provide information that is not directly useful to analyzing the legal issues
presented.
I expect that the essay questions of this variety on your constitutional law exam
will be somewhat shorter and more focused on a smaller group of issues than you may
have seen in classes such as torts or criminal law. (This is not to say that such essay
questions will not involve more than one area of constitutional law. Rather, I simply
dont expect to use long, rambling fact patterns calling for application of every legal
doctrine you have learned in a single essay.)
A second type of question will be multiple-choice. These questions will resemble
the multiple-choice questions that are used on the Multi-State Bar Examination, just like
those we have used during the semester. It is important to read these questions very
carefully and think through the answer choices critically.
Below are sample questions similar to the questions you may see on your
exam. They do not, of course, cover every subject that you might be tested on. You
should try to answer these questions under exam like conditions (sticking to suggested
time limits and writing out answers) and then discuss them with your colleagues before
our class review sessions. Dont panic if the answers are not immediately obvious to
you. That is why we practice! Focus on developing a systematic, step-by-step
approach that uses the rules to help organize your answers, applies the facts to those
rules and explains all conclusions.
Sample Essay Questions
Question One (40 Minutes)
In 1995 the federal government passed the Farm Preservation and
Environmental Reclamation Act. This legislation is designed to protect prime farm
land from the effects of strip mining coal. (Strip mining involves scrapping off the
surface of the land to uncover coal.) It requires that anyone conducting strip mining on
land historically utilized for food crops first secure a permit from the U.S. Department
of Agriculture which requires a showing of technical and financial capacity to restore
the mined area to its original condition with complete soil restoration capable of
producing crop yields equivalent to pre-mining levels. The law requires the various
states to pass appropriate regulations setting forth detailed criteria regarding the
definition of prime farm land and soil restoration requirements. Your client, Mr.
Peabodys Coal Train, has evidence that this new law will effectively preclude him from
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strip mining one hundred acres of land purchased many years ago for that purpose in
the state of West Virginia. Coal Train officials have also found out that there is almost
no other prime farm land in West Virginia and that only .002 percent of prime farm
land nationally is subject to strip mining. Please analyze any potential constitutional
challenges that you might be able to raise against this statute.
Question Two (45 Minutes)
Fed up with rising crime, the Florida legislature recently passed the Crime
Prevention Act of 2005. This statute provides that any male with an IQ under 70 and
an extra Y chromosome, who is convicted of his third serious felony shall be
involuntarily sterilized. The legislative history shows that crime rates are significantly
higher among males with low IQ. There is also scientific research that demonstrates a
strong correlation between violent behavior and the presence of an extra Y
chromosome. There is a 50 % probability that this genetic characteristic will be passed
from one generation to the next. The statute specifically exempts embezzlement,
securities fraud and tax evasion from its coverage. Your client, who has an IQ of 60,
has just been convicted of his third violent crime. He carries the extra Y chromosome.
Present an argument challenging this statute under the U.S. Constitution.
Question Three (30 Minutes)
Michigan has excellent apples. Working hard to enhance the national reputation
of its apple industry, the Michigan legislature passed a law in 2004 which requires all
apples grown in Michigan be packaged in the state in a container bearing an Michigan
state flag and the Michigan address of the grower. Little Joes Fruit is a New Mexico
company that buys a wide variety of fruit from around the United States, which it
packages and distributes throughout the country under the Little Joe label. Until 2004,
it bought large quantities of Michigan apples, packaged them in New Mexico at its
modern packing facility and shipped the fruit all over the United States. As wild (or
distasteful) as this may be, you should pretend that you are now a justice on the United
States Supreme Court. Please decide Little Boys constitutional challenge to this
statute, presenting a complete summary of the parties legal positions in your decision.
Question Four (30 Minutes)
Florida law allow the involuntary transfer of prisoners to state run mental
hospitals if the designated prison physician certifies that the prisoner suffers from a
mental condition which can not be adequately treated in the prison. It also allows the
forcible administration of mood altering drugs by such physicians when he or she
deems it appropriate for the protection of the prisoner or others. You represent Crazy
Joe Schmaltz, a prisoner who has been subjected to both the administration of drugs
and a pending transfer. Describe and evaluate any Constitutional challenge you might
raise to this law.
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418. Pursuant to a state statute, Clovis applied for tuition assistance to attend the
Institute of Liberal Arts. He was qualified for such assistance in every way
except that he was a resident alien who did not intend to become a United
States citizen. The states restriction of such grants to United States citizens or
resident aliens seeking such citizenship is probably
A. Valid, because aliens are not per se a discrete and insular minority specially
protected by the Fourteenth Amendment.
B. Valid, because the line drawn by the state for extending aid was reasonably
related to a legitimate state interest.
C. Invalid, because the justifications for this restriction are insufficient to
overcome the burden imposed on a state when it uses such an alienage
classification.
D. Invalid, because the privileges and immunities clause of Article IV does not
permit such an arbitrary classification.
327. A state statute requires that all buses which operate as common carriers on the
highways of the states shall be equipped with seat belts for passengers.
Transport Lines, an interstate carrier, challenges the validity of the statute and
the right of the state to make the requirement. What is the best basis for a
constitutional challenge by Transport Lines?
A. Violation of the due process clause by the Fourteenth Amendment
B. Violation of the equal protection clause of the Fourteenth Amendment
C. Unreasonable burden on interstate commerce
D. Difficulty of enforcement
Questions 8-11 are based on the following fact situation.
The State of Aurora requires licenses of persons who are engaged in the trade of
barbering. It will grant such licenses only to those who are graduates of barber
schools located in Aurora, who have resided in the state for two years, and who are
citizens of the United States.
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8. The requirement that candidates for license must be graduates of barber schools in
Aurora is probably
A. Unconstitutional as an undue burden on interstate commerce.
B. Unconstitutional as a violation of the privileges and immunities clause of the
Fourteenth Amendment.
C. Constitutional, because the state does not know the quality of out-of-state
barber schools.
D. Constitutional, because barbering is a privilege and not a right.
9. The requirement that candidates for licenses must be citizens is
A. Constitutional as an effort to ensure that barbers speak English adequately.
B. Constitutional as an exercise of the state police power.
C. Unconstitutional as a bill of attainder.
D. Unconstitutional as a denial of equal protection.
10. Assume that a resident of the state of Aurora was denied a license because she
had been graduated from an out-of-state barber school. Her suit in federal court
to enjoin denial of the license on this ground would be
A.
B.
C.
D.
11. Which of the following is the strongest ground on which to challenge the
requirement that candidates for barber licenses must have been residents of the
state for at least two years?
A. The privileges and immunities clause of the Fourteenth Amendment
B. The due process clause of the Fourteenth Amendment.
C. The equal protection clause of the Fourteenth Amendment
D. The obligation of contracts clause
Questions 106-107 are based on the following fact situation.
Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving
neither spouse nor any children other than Ben. The states law of intestate succession
provides that an unacknowledged illegitimate child may not inherit his fathers property.
The spouse, all other blood relatives, and the state are preferred as heirs over the
unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that
the state statute barring an illegitimate child from sharing in a parents estate is invalid,
and that he should be declared lawful heir to his fathers estate.
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106. In challenging the validity of the state statute, Bens strongest argument would be
that
A.
B.
C.
D.
For this question only, assume that a valid federal administrative rule, adopted
under a federal consumer product safety act, regulates the design of snipe traps.
The rule was issued to prevent traps from causing injury to human beings, e.g.,
by pinching fingers while persons were setting the traps. No other federal law
applies. Which of the following best states the effect of the federal rule on the
Midland state statute?
A. The federal rule preempts the Midland state statute, because the
federal rule regulates the same subject matter, snipe traps.
B. The federal rule preempts the Midland state statute, because the
federal rule does not contain affirmative authorization for continued state
regulation.
C. The federal rule does not preempt the Midland state statue, because
`the Midland state statute regulates wild animals, a field of exclusive state
power.
D. The federal rule does not preempt the Midland state statute, because
the purposes of the federal rule and the midland state statute are
different.
427. A statute of the state of Lanape flatly bans the sale or distribution of contraceptive
devices to minors. Drugs, Inc., a national retailer of drugs and related items, is
charged with violating the Lanape statute. Which of the following is the
strongest constitutional argument Drugs, Inc., could make in defending itself
against prosecution for violation of this statute?
A. The statute constitutes an undue burden on interstate commerce.
B. The statute denies minors one of their fundamental rights without due
process.
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517. A state statute provides that only citizens of the United States may be employed by
that state. In an action brought in a federal court, a resident alien who was
prevented from obtaining state employment as a garbage collector solely
because of his alien status challenged the statutes constitutionality as applied to
his circumstances.
Which of the following statements concerning the burden of persuasion
applicable to this suit is correct?
A. The alien must demonstrate that there is no rational relationship
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The legislature of State X enacts a statute that it believes reconciles the states
interest in the preservation of human life with a womans right to reproductive
choice. That statute permits a woman to have an abortion on demand during the
first trimester of pregnancy but prohibits a woman from having an abortion after
that time unless her physician determines that the abortion is necessary to
protect the womans life or health.
If challenged on constitutional grounds in an appropriate court, this statute will
probably be held
A. Constitutional, because the state has made a rational policy choice that
creates an equitable balance between the compelling state interest in
protecting fetal life and the fundamental right of a woman to reproductive
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choice.
B. Constitutional, because recent rulings by the United States Supreme Court
indicate that after the first trimester a fetus may be characterized as a
person whose right to life is protected by the due process clause of the
Fourteenth Amendment.
C. Unconstitutional, because the state has, without adequate justification, placed
an undue burden on the fundamental right of a woman to reproductive
choice prior to fetal viability.
D. Unconstitutional, because a statute unqualifiedly permitting abortion at
one stage of pregnancy, and denying it at another with only minor
exceptions, establishes an arbitrary classification in violation of the equal
protection clause of the Fourteenth Amendment.
162.
Company wanted to expand the size of the building it owned that housed
Companys supermarket by adding space for a coffeehouse. Companys building
was located in the center of five acres of land owned by Company and devoted
wholly to parking for its supermarket customers.
City officials refused to grant a required building permit for the coffeehouse
addition unless Company established in its store a child care center that would
take up space at least equal to the size of the proposed coffeehouse addition,
which was to be 20% of the existing building. This action of City officials was
authorized by provisions of the applicable zoning ordinance.
In a suit filed in state court against appropriate officials of City, Company
challenged this child care center requirement solely on constitutional grounds.
The lower court upheld the requirement even though City officials presented no
evidence and made no findings to justify it other than a general assertion that
there was a shortage of child care facilities in City. Company appealed.
The court hearing the appeal should hold that the requirement imposed by City
on the issuance of this building permit is
A. Constitutional, because the burden was on Company to demonstrate that
there was no rational relationship between this requirement and a
legitimate governmental interest, and Company could not do so because
the requirement is reasonably related to improving the lives of families
and children residing in City.
B. Constitutional, because the burden was on Company to demonstrate that this
requirement was not necessary to vindicate a compelling governmental
interest, and Company could not do so on these facts.
C. Unconstitutional, because the burden was on City to demonstrate that this
requirement was necessary to vindicate a compelling governmental
interest, and City failed to meet its burden under that standard.
D. Unconstitutional, because the burden was on City to demonstrate a
rough proportionality between this requirement and the impact of
Companys proposed action on the community, and City failed to do so.
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170. Congress wishes to enact legislation prohibiting discrimination in the sale or rental
of housing on the basis of the affectional preference or sexual orientation of the
potential purchaser or renter. Congress wishes this statute to apply to all public
and private vendors and lessors of residential property in this country, with a few
narrowly drawn exceptions.
The most credible argument for congressional authority to enact such a statute
would be based upon the
A. General welfare clause of Article I, Section 8, because the conduct the statute
prohibits could reasonably be deemed to be harmful to the national
interest.
B. Commerce clause of Article I, Section 8, because in aggregate, the sale or
rental of almost all housing in this country could reasonably be deemed to
have a substantial effect on interstate commerce.
C. Enforcement clause of the Thirteenth Amendment, because that amendment
clearly prohibits discrimination against the class of persons protected by
this statute.
D. Enforcement clause of the Fourteenth Amendment, because that
amendment prohibits all public and private actors from engaging in
irrational discrimination.
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