Problem 1: Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?
a. Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state.
b. Under the clause, a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not.
c. Under the clause, states may not discriminate against citizens of other states in the buying and selling of property.
d. Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state; a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not; and states may not discriminate against citizens of other states in the buying and selling of property.
e. None of these. There is no privileges and immunities clause in the U.S. Constitution. The privileges and immunities clause is contained in a statute passed by Congress.
Problem 2: Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What concept is addressed in regard to the reference to "police power"?
a. The residual powers retained by each state to safeguard the health and welfare of its citizenry.
b. The residual powers retained by the federal government to enforce valid laws and regulations.
c. The powers granted to local government to enter residences without a search warrant.
d. The powers granted to state governments to tax for the purposes of having law enforcement.
e. The powers granted to state government to imprison citizens of other states who commit crimes within a state.
Problem 3: Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?
a. He is incorrect. The U.S. Constitution contains no such reservation.
b. He is partially correct. The U.S. Constitution prohibits taxation in areas in which states also tax, but most states are not taxing for insurance purposes at this time.
c. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states, but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
d. He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states, but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
e. He is incorrect because the prohibition is contained in a federal statute passed by Congress, not in the U.S. Constitution.
Problem 4: Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?
a. Ellen is correct.
b. Ellen is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide needed services.
c. Ellen is partially correct in that Congress has no authority to link highway funds with social services, but any other funds may be linked to social services by executive order.
d. Ellen is partially correct in that Congress has no authority to link highway funds with social services, but other funds may be linked to social services by an act of Congress.
e. Ellen is incorrect.
Problem 5: Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?
a. Sam did not lose his right against self-incrimination.
b. The office was correct. Sam lost his right against self-incrimination because marijuana was involved.
c. Sam lost his right against self-incrimination because he did not immediately ask for a lawyer.
d. Sam lost his right against self-incrimination because he did not immediately say he raised his right against self-incrimination.
e. Sam lost his right against self-incrimination both because marijuana was involved and also because he did not immediately ask for a lawyer.
Problem 6: Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer is concerned that the judge has not granted Sam a hearing. Which of the following is one right that the judge has violated?
a. Sam's right to substantive due process.
b. Sam's First Amendment rights.
c. Sam's right to procedural due process.
d. Sam's Fourth Amendment rights.
e. Sam's Second Amendment rights.
Problem 7: Set forth the Central Hudson Test for Commercial Speech and discuss whether or not you believe the test should be broadened to provide additional protection for commercial speech with reasons.