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SHORT-ANSWER QUESTIONS

Note: These questions are selected from among the “Quiz Yourself” questions in the full-length Constitutional Law Emanuel Law Outline. We’ve kept the same question numbering here as in the Outline. Since some questions have been omitted here, there are gaps in the numbering.

Chapter 2

THE SUPREME COURT’S AUTHORITY

1. The Constitution of the state of Ames contains a due process clause whose language is identical to the Due Process Clause of the U.S. Constitution’s Fourteenth Amendment. Tom was a teacher in the Town of Aaron, in Ames. Because Tom’s status was that of “probationary teacher,” the custom in Aaron was that Tom could be fired at the end of any school year without cause. Tom was fired without cause. He sued Aaron in Ames state court. His suit was premised on the argument that his firing violated the Ames due process clause, in that he was not given a hearing before being fired. The Ames state court agreed, and the highest appeals court in Ames affirmed. Now, the Town of Aaron has appealed the case to the U.S. Supreme Court. May the U.S. Supreme Court hear the case? Give your reasons.  _________________

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