Question
Constitutional Law | First Amendment | ESSAY
Hard
...erts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "political advocacy concerning foreign conflicts" in the plaza or on adjacent sidewalks, but allows labor ra...
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
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 | 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
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 | MULTIPLE_CHOICE
Medium
...ning First Amendment standard? The best answer applies the commercial-speech framework rather than treating advertising as either unprotected or fully equivalent to political speech. U.S. Const. amend. I, Central Hudson...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...lties. In another case, a state supreme court rejected a federal free speech claim and also held that the plaintiff independently lost under a state constitutional rule that clearly provides greater protection than the f...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
State C enacted a tax on online retailers. The tax applies to retailers with more than $500,000 in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The ta...
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 | First Amendment | ESSAY
Hard
...Amendment. Analyze the company's claims. This essay tests commercial speech, misleading advertising, compelled disclosures, and compelled ideological speech. U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v...
Citations: U.S. Const. amend. I, Central Hudson Gas & Electric Corp. v. Public Service Commission, Zauderer v. Office of Disciplinary Counsel, National Institute of Family and Life Advocates v. Becerra, West Virginia State Board of Education v. Barnette
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
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
Question
Constitutional Law | Due Process and Equal Protection | MULTIPLE_CHOICE
Medium
...eive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chan...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
Question
Constitutional Law | First Amendment | ESSAY
Hard
...ocial-media post. This essay tests Garcetti/Pickering public-employee speech doctrine and retaliation analysis. U.S. Const. amend. I, Pickering v. Board of Education, Connick v. Myers, Garcetti v. Ceballos, Lane v. Frank
Citations: U.S. Const. amend. I, Pickering v. Board of Education, Connick v. Myers, Garcetti v. Ceballos, Lane v. Franks
Question
Constitutional Law | First Amendment | MULTIPLE_CHOICE
Hard
...t accurate? The best answer recognizes that public comment is private speech in a limited forum, not government speech. U.S. Const. amend. I, Rosenberger v. Rector and Visitors of University of Virginia, Good News Club v...
Citations: U.S. Const. amend. I, Rosenberger v. Rector and Visitors of University of Virginia, Good News Club v. Milford Central School
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...ound checks for private firearm transfers until a federal database is complete. The checks require reviewing local records, calling references, and reporting disqualifying information to a federal agency. A police chief...
Citations: U.S. Const. amend. X, Printz v. United States
Question
Constitutional Law | Congressional Powers | ESSAY
Hard
...ion. Analyze the committee's investigative authority and the member's Speech or Debate Clause defenses. This essay tests congressional investigations, subpoenas, valid legislative purpose, and Speech or Debate immunity...
Citations: U.S. Const. art. I, sec. 6, cl. 1, McGrain v. Daugherty, Watkins v. United States, Gravel v. United States, Eastland v. United States Servicemen's Fund, Trump v. Mazars USA, LLP
Question
Constitutional Law | Congressional Powers | MULTIPLE_CHOICE
Hard
...ocuments sues for damages. Which statement is most accurate under the Speech or Debate Clause? The best answer captures the protected legislative sphere and its limits. U.S. Const. art. I, sec. 6, cl. 1, Gravel v. United...
Citations: U.S. Const. art. I, sec. 6, cl. 1, Gravel v. United States, United States v. Brewster
Question
Constitutional Law | First Amendment | ESSAY
Hard
...til trial. The city also charged the activist under a statute banning speech that "encourages public disorder." Analyze the First Amendment issues involving incitement, threats, defamation, and the injunction. This essay...
Citations: U.S. Const. amend. I, Brandenburg v. Ohio, Counterman v. Colorado, New York Times Co. v. Sullivan, Near v. Minnesota, Nebraska Press Association v. Stuart
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Medium
...e 21 from buying certain political books, arguing that its customers' speech rights are violated. Finally, a fair-housing organization sued a landlord, alleging that the landlord's discriminatory steering practices force...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ssion even though all legal prerequisites for the commission had been completed. The commissioner asks the court to decide the constitutional issue and order the officer to perform the legal duty. Which statement most ac...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...al statute requires each state legislature to enact a state licensing law for short-term rental hosts. The same statute directly prohibits private online platforms from listing rentals that lack a federally assigned regi...
Citations: U.S. Const. amend. X, New York v. United States, Murphy v. NCAA