Constitutional Law Keyed to Cohenback
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During summer months, thousands of tourists regularly visited a state’s capital to see its many sites. Because the city had few outdoor water fountains, a number of vendors had taken advantage of the situation by selling water out of coolers set up on the sidewalks of the city.
After receiving several complaints regarding the clutter associated with the water vendors, the city council passed an ordinance, effective immediately, prohibiting persons from selling bottled water out of coolers on the sidewalks between the hours of 8 a.m. and 6 p.m., Monday through Friday.
A vendor had been selling water on the sidewalks of the city for the past three years. He sold his water for $1 less per bottle than other water vendors because his water bottles were adorned with religious messages, and his reduced price helped the dissemination of his religious message. Sixty percent of the vendor’s sales were made on weekdays between 8 a.m. and 6 p.m. On learning of the ordinance, the vendor sought to enjoin ifs enforcement in federal district court on the basis that it is unconstitutional.
In this suit, the court will probably:CorrectIncorrect
As part of a deal to raise the federal debt limit, Congress passed a statute by a greater than two-thirds vote in both houses giving the President authority to cancel particular spending provisions that are contained within legislation that he signs into law. The statute provided that Congress could override the President’s decisions only by a three-fourths vote. As soon as the statute went into effect, a Senator who had voted against the statute filed suit in federal district court, challenging its constitutionality.
Is the Senator likely to succeed in her lawsuit?CorrectIncorrect
A group of doctors filed suit in federal court against the United States government to challenge a new statute that places caps on the amount that doctors, hospitals, clinics, and other medical facilities may charge patients to perform specifically enumerated procedures. The government filed a motion to dismiss the doctors’ suit, arguing that the doctors lack standing to pursue their case.
Which of the following is LEAST relevant in determining whether the doctors have standing?CorrectIncorrect
Congress enacted legislation providing that, among other things, “federal courts shall not order any public educational institution to establish athletic activities or to modify existing athletic activities on the grounds that such activities are not provided on an equal basis to both men and women.”
Which of the following is the strongest argument for the constitutionality of the federal legislation?CorrectIncorrect
A woman whose child attended a charter school learned that the children of the woman’s neighbor who attended a parochial school received a hot lunch paid for, in part, through federal expenditures enacted under Congress’s spending power. The charter school received no funding from the federal government. The woman challenged this federal expenditure as a violation of the Establishment Clause.
For her to bring the suit, at the very least the woman must allege that:CorrectIncorrect