Constitutional Law Keyed to Cohenback
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A state statute forbids the use of radar detecting devices while driving. A driver passing through the state while on vacation received a ticket for operating such a device. A valid federal administrative rule, adopted under a federal consumer product safety act, regulates the design of radar detection systems. The rule was issued to limit consumers’ exposure to electromagnetic fields. No other federal law applies.
Which of the following best states the effect of the federal rule on the state statute?CorrectIncorrect
Congress created a seven-member safety commission to investigate and make recommendations to Congress for new fireworks safety laws, to make further rules for establishing safety and performance standards, and to prosecute violations of these safety standards. The chairman of the commission was appointed by the President. Three members were selected by the Speaker of the House of Representatives, and three members were selected by the President pro tempore of the Senate. An organization with proper standing seeks to enjoin enforcement of the commission’s rules.
Which of the following presents the strongest constitutional argument that the organization can make against the validity of the commission?CorrectIncorrect
A state conducted a study in which it found that many parents were moving out of certain areas of the state because they could not find affordable day care. As a result, the state legislature enacted a statute that created an agency to operate subsidized day care centers throughout these areas. These day care centers would charge parents a nominal fee compared to private day care centers in the area. A private day care center has discovered that its business has fallen off about 30% since the agency started operating a day care center in its city. It brings an action seeking to enjoin the operation of the agency.
What will be the probable outcome of this litigation?CorrectIncorrect
An armed services general was subpoenaed to testify before a congressional committee investigating the loss of a military satellite aboard a space shuttle during a tragic explosion. The general refused to answer certain questions. Congress ordered a state district attorney to prosecute the general for contempt. The district attorney refused.
May the district attorney refuse to prosecute the general?CorrectIncorrect
A federal statute provides that any state not enforcing certain educational standards among public high schools will be denied federal aid for secondary education. One state did not comply with the standards, and federal funding was eliminated.
Will a court be likely to rule the federal statute constitutional?CorrectIncorrect