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Jamar Re: Con Law I Review Hypotheticals Date: March 10, 2009
Below are questions designed to allow you to assess your understanding of the material to be covered in Con Law I. These hypos are designed to give you a sense of the sort of questions you may face on the exam. It is likely that one of the questions, or a question derived closely from it, could be on the actual final exam. Please note that although we may not cover all of these areas in depth, you will have had sufficient exposure to the key cases and materials to apply the law and principles to these issues. It is not uncommon on exams to be asked to extend the law you have been studying into an area you have not yet explored.
1. Assume Congress passed a law that says: The Supreme Court is prohibited from referring to or using or relying on international law or foreign law in the consideration of or decision with respect to cases before it. The Supreme Court subsequently decides a case (Roper v. Simmons (2005)) that makes the death penalty for minors unconstitutional on the basis that it is cruel and unusual punishment. The majority opinion refers to and relies upon international standards declaring the death penalty a violation of human rights and upon the nearly unanimous position of foreign states banning the death penalty for minors. In a later case Texas imposes the death penalty on a minor. Texas argues that the Roper case is illegal because it was decided in violation of the standards set by Congress for decision in the Supreme Court. The defendant, Darcy argues that the Congressional statute is unconstitutional. Decide the case explaining your reasoning fully.
2. Assume Congress passed a law that states that “No state shall ban the marriage of two individuals on the basis of the gender.” Before passing the law, Congress held many and lengthy hearings at which evidence of widespread discrimination against gays and lesbian across the country was shown including homosexual-targeted violence, prohibition of visiting lifelong partners in hospitals (because they are not “relatives”), denial of rights and economic benefits of the same type granted to married people of opposite genders. The State of Missarkana passed a law banning gay and lesbian marriages. In implementing the law, it refused to permit anyone in the State of Missarkana to perform such marriages or civil unions. Furthermore, Missarkana refused to recognize any marriage or civil union between two people of the same sex which had been recognized in other states as valid in
The first part of the law provides that all lawful residents of the United States must have a MedID card on which the following information is contained in electronic form: name. lesbian residents of Springfield. national and ethnic . as well as other sorts of works. What. and other medical information such as allergies. Delmarva. phone. Congress passed a law that by its terms applied to legal persons (including corporations) as well as to states and state subdivisions such as cities and counties. (2) the Governor of the State of Delmarva. books. b. medical history.Jamar Con Law I §2 Review Hypos Missarkana. EduPix is a maker of a variety of audiovisual works including video games. The University of Delmarva is a state owned public university (like the University of Maryland). Please prepare a memorandum of law assessing whether the Congressional enactment is a valid exercise of Congressional power under section 5 of the 14th Amendment. These works are used primarily in undergraduate programs and in professional or managerial training programs. if any. additional information would you need to know to decide the issue with respect to any of the defendants? Explain your reasoning fully. (3) the Board of Regents of the University of the State of Delmarva. Missarkana. speciality. In exercising its enumerated power to provide copyright protection for certain kinds of works like music. insurance information. and contact information. There are no defenses on the merits. Essent University is a not-for-profit private university. EduPix has sued five defendants in federal court for infringing its copyrights in the products. 2 You have been consulted by Mary and Jen. email. but rather is just an arm of the state government like the Department of Motor Vehicles. Assume Congress has just passed a medical information and services law with several provisions: a. blood type. art. primary care physician name. a. and (5) Essent University located in Seaport. 4. It is not a political subdivision. and computer programs. who wish to marry. phenotype. movies. The defendants are: (1) the State of Delmarva. address. (4) the City of Seaport. 3. music videos. All of the defendants are infringing the copyrights in the software. immunizations. movies. Consider the application of the 11th Amendment as a defense for any of these defendants. social security number.
The sixth part of the law imposes all of the same requirements on states and political subdivisions within states (e. The fifth part of the law provides that the central patient information databank is open to researchers to do data mining.g. etc. sues in federal court on behalf of its members to avoid having to carry the MedID and to stop the government from collecting that information either from the SOOMB members themselves or from insurers. including doctors.. . and reporting purposes. including doctors. counties and cities) and conditions receipt of federal money for road construction on compliance. The second part of the law requires that all private medical providers. and that they all be equipped to use the MedID card for treatment. hospitals. billing. medical technicians. hospitals.. to assess the effectiveness of treatments. clinics. etc. The information must comply with a federally mandated format so that all medical providers. clinics. pharmacists. f. b. e. medical technicians. The revenues from the tax are earmarked for paying for the system and for paying for medical research. d. The law also provides for a 50% reduction in that tax if certain degree of compliance is met by the providers of medical services. paramedics. g. nurses. or other medical care providers. insurers.Jamar Con Law I §2 Review Hypos 3 information. can access and update the information on the card.. h. c. A non-governmental organization called SOOMB (Stay Out of My Body) (pronounced soom(rhymes with soon)-be)). register federally. and DNA information to the extent known. and the like. and to design individualized medical treatment regimes based on statistical probabilities. nurses. The seventh part of the law imposes a 1% service tax on all medical services provided by everyone covered by the act. hospitals. The reports are to be done automatically at the end of each week and are to be submitted electronically to a central database where the medical records of each individual are kept and updated. insurers. The fourth part of the law provides that non-compliant physicians and medical providers are ineligible to receive medicare or medicaid payments for all patients for any month in which any reporting on even one patient is insufficient. paramedics. The third part of the law requires all physicians and other medical providers to report all of the services they provide to everyone.
S. The head of the CIA and the Secretary of Defense refuse to disclose any memoranda or orders or directives on the grounds of national security and on the grounds that the executive privilege of the President covers them. and the Secretary of Defense in United States Federal District Court for violating U.Jamar Con Law I §2 Review Hypos 4 Evaluate all issues reasonably raised. The CIA. Consider the defenses raised by three named parties to the action and consider whether the claims of executive privilege would be upheld by the courts on these facts. Be sure to include a discussion of what information you would need to gather to evaluate the claims more fully. under U. The President claims executive privilege and refuses to disclose any memoranda or orders or directives relating to such orders. and for violating U. Explain your reasoning fully. A prisoner. . and the President all know that the interrogation techniques include methods that would constitute abuse of prisoners under international law. and under U. the war on terrorism. If your position is that additional information would be needed to decide the issues relating to the assertion of executive privilege. 5. Hamman. the head of the CIA. law making torture a crime. law regarding treatment of prisoners including ratified treaties and constitutional interpretation of the due process clause and the cruel and unusual punishment clause. For this problem assume that all of these provisions would be violated by the actions of the executive branch with respect to Hamman. state what sorts of information you would need and why it would be relevant to the determination. The head of the CIA and the Secretary of Defense defend on the basis that the President authorized the actions and they are protected by the President’s actions since they were just following orders. The President asserts (1) that as Commander in Chief he can authorize abuse and torture. criminal law. k. are not reviewable by the courts. in this case. escaped and has sued the President.S. The President has expressly authorized the CIA and the Department of Defense to send prisoners captured in the war in Afghanistan to other countries for interrogation.S. l. armed services military code regarding treatment of prisoners.S. i. and (2) that actions he takes as Commander in Chief in the conduct of a war. j. Department of Defense.
8. The County planned to buy as much of it as possible in regular negotiated transactions. The County accurately argues that under the Arkegon Constitution. Under this contract. Because of the way the county had developed. Furthermore. which it did. Narina County wants to acquire some property along the interstate in order to permit construction of a large shopping area. The county was bisected by a major. Narina County would sell the land to the developer at cost. heavily-traveled interstate highway. The landowners argue that “public good” limits the taking of property to be used for things like public buildings and roads. other than in those metropolitan areas. Assume Congress passes a law that provides that garden centers in the United States cannot sell any flower or other decorative or landscaping plant that is not indigenous to that area. there were no large shopping centers or big box stores. and why? 7. The landowners who did not want to sell defended in the eminent domain action by claiming that the taking was unconstitutional because it was not for a proper public purpose. other than one Walmart some 40 miles to the north in a fairly modest-sized town. But a number of owners of key parcels refused to sell. there were no large tracts of land that could be developed that would permit the building of either big-box stores or outlet malls or a massive shopping mall. Consider the validity of this statute under the Interstate Commerce Clause. Who wins. . Like every other state. this sort of taking for commercial development by private parties is explicitly authorized. Narina then decided to condemn the remaining private property under its power of eminent domain.Jamar Con Law I §2 Review Hypos 5 6. The State of Michinois is located on a major east-west transportation corridor and has a huge amount of commercial rail and truck traffic pass through it. and was only 30 minutes from one major metropolitan area and 70 minutes from another. The landowners contended that taking private property and then transferring it to other private persons is not authorized. Michinois taxes commercial trucks hauling goods on the basis of the size of the truck and the weight of the load. The developer is a private company. plus give tax incentives and tax relief for the next 10 years. The Narina County in the State of Arkegon had fallen on hard economic times with its industrial base having collapsed due to competition from foreign textile goods. Narina County had a contract with a developer to develop the land and build the sort of shopping area it wanted.
This put Michinois’ commercial truck tax rate at 4 times the next highest rate set by any state. She had discovered where he was and where the children were well before they left the amusement park. Inc. 11. and possession of it are all illegal. Is this a valid exercise of the interstate commerce power of Congress? 10. Does the action of the State of Califegon violate the interstate commerce clause? . The city claims that the contempt power of the court is sufficient enforcement and that liability suits ought not be allowed. Also.. Construct a Constitutional argument that the city is not immune. he kills them. Consider the issue. Under federal law marijuana is a controlled substance and accordingly the production. Assume the State of Califegon as a state activity grows marijuana for research purposes and for medical treatment when prescribed by a physician. The mother sues the police department for failure to enforce the restraining order. The father picks up the children after school and takes them to an amusement park. The police and the city assert that they have sovereign immunity from suit for the official police acts.Jamar Con Law I §2 Review Hypos 6 However. sued in federal court bringing a declaratory judgment action to have the tax increase set aside on the grounds that it constitutes an unconstitutional burden on interstate trucking. two months ago Michinois increased the amount of the tax to 5 times the rate it was before. All of the marijuana is to be used only within Califegon and in fact all of it is. consumption. A state court issues a restraining order that requires police to arrest a father if he approaches within 100 feet of his minor children. sale. Assume Congress passes a law granting all gun manufacturers immunity from liability for state causes of action including negligence and products liability. TallTruck Hauling. Rather than returning them to their mother. The mother claims that the executive failure to enforce the legitimate court order must be held to waive immunity in order to protect the respective powers of the court. 9. identify what additional sorts of information you would want to investigate that might have an effect on the outcome of the case. None is allowed to be exported and none is sent through the mail to anyone.
is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession. The diagnostic device is operated primarily by hospital radiologists. Torture means any act by which severe pain or suffering. She also sues the chief radiologist at each hospital. While the suit is pending Congress amends the patent act to provide as follows: “State sovereign immunity is abrogated with respect to any claims that would arise under this Patent Act. So. She is suing for damages for past royalties which have not been paid for the past three years. when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. and cities and counties do not.Jamar Con Law I §2 Review Hypos 7 12. 13. she decides to sue. and for an injunction against the hospitals and the radiologists against future use unless they are licensed to use it. It does not include pain or suffering arising only from. Ima N. for future royalties. punishing him for an act he or a third person has committed or is suspected of having committed. officials. state universities. inherent in. except for some reason hospitals owned by states. in the main. Torture is illegal. or persons or person acting as an agent of the United States are prohibited from torturing anyone. at any time. ease of use. 102. or incidental to lawful sanctions. Ventor has a patent on a diagnostic device used in almost every hospital in the country because of its combination of relatively low cost. anywhere. the Marsylvania State University (owned and run by the state). and the City Hospital of Pennapolis (the capitol City of Marsylvania). pay royalties for them. or intimidating or coercing him or a third person. Assume Congress passes a law that provides: 101. or for any reason based on discrimination of any kind. Waterboarding in all of its versions is explicitly forbidden. under any circumstances. Ventor receives royalties from all users of the device. First she sues the State of Marsylvania. and accuracy of diagnosis.” Congress held hearings about rampant patent violations by state-owned hospitals around the country. Her patent right arises exclusively under the patent law enacted by Congress. . whether physical or mental. Consider all constitutional issues reasonably raised by the facts. the Marsylvania State University Hospital (owned and run by the state university). The City Hospital of Pennapolis is owned and run by the city government itself. All officers.
Assume Congress passes a bill and the President signs it into law that provides: 201. Consider all defenses of the defendants. removed to a secret prison not on U. Federal Court Jurisdiction. the President. Jones is subjected to waterboarding and various other forms of deprivation and painful physical and emotional and psychological suffering in an attempt to coerce information from him. government. During the interrogation. 14.S. The State of Carolginia adopts an ambitious project to eradicate certain particularly invasive vines that are killing forests and ruining the natural habitat for native species of . The United States Federal Courts do not have jurisdiction over any habeas corpus actions that may be brought by or on behalf of any non-United States national who is not imprisoned within the United States. and various John Does (because he did not know the identity of his captors or torturers by name) to hold them civilly liable for violating the torture statute under §103.Jamar Con Law I §2 Review Hypos 103. and sues the United States.S. Congress passes a law that provides that any state that (1) adopts and implements steps to encourage native plants and that (2) attempts to eradicate or limit invasive and destructive species will receive matching federal grants for such programs in the amount of up to $1 billion dollars per year for the next 5 years. Consider the constitutionality of this law. Jones was suspected of aiding terrorists in planning to attempt to destroy the Golden Gate Bridge in San Francisco. 8 The President vetoes the law. is taken into custody by United States officials acting in their official capacity pursuant to a Presidential finding. hires and attorney. a. All deliberations concerning such persons are to be conducted exclusively by a military tribunal set up pursuant to §202 below with no appeal or recourse to any federal Article III court. Jonah Jones. soil or on land leased by or otherwise under the official control of the U. 15. and interrogated. and the Poplar Street Bridge (the I-70 bridge across the Mississippi River between Illinois and Missouri). not a United States citizen or resident. Jones is ultimately released without being charged with any crime. He makes his way to the United States. Anyone violating this law is civilly liable to anyone harmed thereby. the Brooklyn Bridge in New York.
must pay for the safety course. the federal government refuses the matching funds because Carolginia. must pay for the safety course. a hunter must first pass a federal hunting safety course related to the type of hunting the hunter wants to do. Bak). Now the Native Plants Advocacy Group (NPAG) wants to sue to force Carolginia to do something. Can it? d. but assume now that Small Government Interest Group Inc (SGIGI) wants to sue to stop Carolginia. The new Carolginia law will put him out of business. and the secretary of the interior (Pay M. When Carolginia applies for the matching funds of $800 million dollars. c. Advise Ribble as to the constitutional issues relating to his suit. a hunter must first pass a federal hunting safety course related to the type of hunting the hunter wants to do. 301. You are a staff attorney for the House Interior Committee and have been assigned to evaluate this proposal from the Constitutional perspective. the federal government. Ribble has made a living selling various non-native. Sorces). must pay for the safety course. and must pay for a federal permit to hunt. In order to obtain a permit to hunt on any privately-owned lands. Consider the constitutional issues concerning its possible lawsuit. 201. In order to obtain a permit to hunt on any state or state political subdivision lands. Assume the same facts as in B. He wants to sue the state. and must pay for a federal permit to hunt. 16. the state department of natural resources (DNR). . recourse does Carolginia have? b. it says. In order to obtain a permit to hunt on federal lands. exotic species for landscaping.Jamar Con Law I §2 Review Hypos 9 animals. What. the secretary of the DNR (Nat R. only did part (2). the federal department of the interior. a hunter must first pass a federal hunting safety course related to the type of hunting the hunter wants to do. Assume that Carolginia has not applied for federal funds and has not implemented any pro-native species program. T. Assume that Congress has been lobbied to pass the following law: 101. if any. and must pay for a federal permit to hunt. Assume Carolginia has implemented a program that is fully compliant with the federal standards for receiving the grant.
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