SHORT-ANSWER QUESTIONS

3.  Congress, in an effort to streamline the federal judiciary, passes a statute eliminating diversity jurisdiction (i.e., jurisdiction over cases brought by a citizen of one state against a citizen of another state). The legislation would prevent diversity suits from being brought in federal district court, so that they would have to be brought in state court. (The legislation does not directly change the Supreme Court’s appellate jurisdiction, so that the Supreme Court can continue to review the judgments of state courts, including state court suits that turn on a federal question.) Is the congressional legislation constitutional? _________________

Chapter 3

FEDERALISM AND FEDERAL POWER

4.  Congress, pursuant to its power to establish and regulate copyrights, has decided that there is far too much counterfeiting of copyrighted musical recordings. Therefore, Congress has passed a statute making it a felony, punishable by up to five years in prison, to give a “bootlegged” (i.e., not authorized by the copyright owner) CD or MP3 recording to any other person, even if it is the donor’s neighbor or relative, and even though no compensation is charged. Dennis, charged with a violation of this statute, asserts that it is unconstitutional because it is beyond the scope of Congress’ authority. Should the Court agree with Dennis’ assertion, and why?  _________________

Chapter 4

THE FEDERAL COMMERCE POWER

5.  Congress makes it a federal felony for any individual to place a bet with another individual on a sporting event, or to propose such a bet. The statute is written broadly, so as to cover two friends who bet with each other primarily for purposes of friendship rather than profit. The House and Senate Committee Reports on the bill show that Congress believed that ostensibly “friendly” betting creates a climate that is tolerant of gambling, which in turn increases the interstate gambling profits of organized crime, a multi-million dollar nationwide problem. Devon is charged with violating the statute by placing a bet on the Super Bowl with her best friend, Elaine. They made the bet face to face within a single state.

(A) If Devon challenges the constitutionality of the statute on the grounds that it goes beyond Congress’ enumerated powers, what enumerated power should the prosecutors point to in defending the statute’s constitutionality?  _________________

(B) Is the statute in fact constitutional? State your reasons.  _________________