Question
Constitutional Law | Due Process and Equal Protection | ESSAY
Hard
City A awards contracts for public park construction. After a consultant reported that minority-owned firms had received only five percent of city park contracts over the past decade, the city adopted two ordinances. The...
Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, Village of Arlington Heights v. Metropolitan Housing Development Corp., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
...y online retailers. Is State C's tax valid under the dormant Commerce Clause? Discuss substantial nexus, fair apportionment, discrimination, relation to state service...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: physical presence is not required when a remote seller deliberately makes substantial sales into the state. U.S. Const. art...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is posted. Violations carry civil penalties. A small advocacy group planned to run ads next month, but sued...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | ESSAY
Medium
...lation of states and commandeering state officials to enforce federal law. U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Question
Constitutional Law | Fourth Amendment | MULTIPLE_CHOICE
Medium
...investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
Question
Constitutional Law | First Amendment | MULTIPLE_CHOICE
Medium
A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overbilling, the auditor writes a required report to her supervisor. The city later disciplines her for the...
Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...ll-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped from another state for di...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Medium
...ut-of-state cheesemaker challenges the law under the dormant Commerce Clause. Which statement is most accurate? The best answer treats the in-state processing requirement as facial discrimination, not as a merely inciden...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
Question
Constitutional Law | Executive Powers | MULTIPLE_CHOICE
Medium
The President issues a pardon to an aide for all completed federal campaign-finance offenses committed during the prior year. State prosecutors later charge the aide under state bribery law based on the same facts, and C...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
Question
Contracts | Defenses and Capacity | ESSAY
Hard
...evice company contracted with a supplier for custom sensors needed to complete ventilators for a hospital system. Two weeks before delivery, after the supplier had already manufactured the sensors, the supplier demanded...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Question
Constitutional Law | First Amendment | ESSAY
Hard
City A owns a downtown plaza connected to public sidewalks and regularly opens it for rallies, concerts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "polit...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...ns. This essay tests the political question doctrine across Guarantee Clause, impeachment, elections, and foreign-affairs settings. U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, R...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...her purely local personal use cannot be regulated under the Commerce Clause. Which statement is most accurate? The strongest answer treats the homegrown medicine as part of a fungible commodity class that Congress may r...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
...regation, the broader regulatory scheme, and the Necessary and Proper Clause. This essay tests Congress's ability to reach local economic activity when it is part of a broader interstate...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich, United States v. Lopez
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...ge cafeteria. The resident argues that Congress exceeded its Commerce Clause power. Which statement is most accurate? The best answer applies the Lopez and Morrison limit: Congress may not transform local noneconomic vio...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Medium
...tement is most accurate? The best answer separates the three Commerce Clause categories and recognizes that local economic transactions may be regulated as part of a class of activity with substantial interstate effects...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, Wickard v. Filburn
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
...lions of dollars to interstate markets and that, even if the Commerce Clause does not support the purchase requirement, the payment is a valid tax. The manufacturer responds that Congress labeled the provision a "shared...
Citations: U.S. Const. art. I, sec. 8, cl. 1, U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius, Bailey v. Drexel Furniture Co., Sonzinsky v. United States
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Medium
...o dismiss the indictment, arguing that Congress exceeded its Commerce Clause power. The government argues that drones are modern instrumentalities of commerce, that many drone parts move interstate, and that school safet...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison, Gonzales v. Raich
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Medium
...agency. The government defends the mandate solely under the Commerce Clause, arguing that people who lack supplies during disasters shift costs to hospitals, charities, and interstate transportation networks. An adult w...
Citations: U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Medium
...payment. A business without insurance argues that the payment is an unconstitutional penalty rather than a tax. Which statement is most accurate? The best answer treats the exaction functionally: a modest payment collect...
Citations: U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel Furniture Co.
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
...iry producers challenge all three measures under the dormant Commerce Clause. State B argues that food safety justifies local pasteurization, that the labeling rule applies equally to everyone, and that it may prefer its...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Pike v. Bruce Church, Inc., Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Medium
...ttery fires. The seller challenges the law under the dormant Commerce Clause. Which statement is most accurate? The best answer uses Pike balancing because the rule applies to all carriers and targets battery safety rath...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Pike v. Bruce Church, Inc.