ANSWERS TO MULTIPLE-CHOICE QUESTIONS

5. D   The Privileges and Immunities Clause of Article 4 requires each state to treat non-residents in the same manner as it treats residents. However, the Clause has been interpreted to apply only to rights which are “fundamental to national unity,” and only commercially-oriented rights qualify. Therefore, the right to use recreational resources is not protected by the Clause; Baldwin v. Montana Fish & Game Comm’n. Consequently, I is incorrect. The Privileges or Immunities Clause of the Fourteenth Amendment protects only those rights which persons enjoy as citizens of the United States (e.g., the right to travel from state to state, to vote for federal officials, to sue in federal courts, etc.). Since there is no federal right to hunt, II is also incorrect.

6. B    Under Scales v. U.S., mere membership in an organization advocating unlawful activity cannot be grounds for punishment or disqualification for a state benefit. Such punishment or disqualification may be imposed only if the person is an active member of the organization, knows that it advocates illegal conduct, and has the specific intent to bring about the accomplishment of its illegal goal. Although Arthur was an active member of NAP and knew that it advocated illegal conduct, he did not desire for it to succeed in accomplishing its illegal goal, and did not intend to help it so succeed. He therefore cannot constitutionally be punished for his membership in it. (A 2010 case, Holder v. Humanitarian Law Project, says that Congress may make it a crime to give “material support” to a foreign terrorist organization even where the supporter does not have a specific intent to further the organization’s legal aims. But Holder is a narrow decision — applicable only to organizations designated as “foreign terrorist organizations” by Congress — and in any event, even Holder would require an intent to further some aim of the organization, legal or illegal, whereas here, Arthur had no intent to further even the NAP’s legal aims.)

C and D are, therefore, incorrect: C is wrong because it incorrectly asserts that mere membership while knowing of the organization’s advocacy of illegality is sufficient, and D is wrong because it incorrectly asserts that playing an active role is sufficient even where the member has no desire to bring about the illegal aims.

A is incorrect because freedom of the press applies only to the communication of ideas, and not to the conduct involved in acquiring the information to be communicated.

7. B    A state law which intentionally favors some religions over others violates the Establishment Clause unless it is closely fitted to furthering a compelling governmental interest. It is unlikely that the statute in question would satisfy that stringent test, but, in any event, the argument contained in B is the only one listed which could possibly support the challenge. B is, therefore, correct.