Constitutional Law Keyed to Cohenback
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To help alleviate discrimination in private contracts, Congress passed a bill providing:
It shall be unlawful to discriminate against minority race members in the making and enforcement of any public or private con- tract, of every kind whatsoever. Any person whose rights under this statute are violated may bring a cause of action against the par- ty that has so violated the person’s rights in the federal district court for the district in which he resides, seeking treble damages or $1,000, whichever is greater.
Several large banks that have been accused of discriminatory loan practices challenge the federal statute.
If the court finds that Congress had the power to enact the statute, the court most likely will find that the power arose from:CorrectIncorrect
Congress adopted legislation prohibiting the federal courts from ordering busing as a remedy for past racial discrimination in a public school district.
Which of the following is the strongest argument that the federal legislation is unconstitutional?CorrectIncorrect
A state passes a law allowing terminally ill patients to use marijuana under limited circum- stances. Federal law, however, provides that marijuana may not be used under any circum- stances. The state sues in federal district court, arguing that marijuana is beneficial for the terminally ill and should be permitted under these circumstances, despite the federal prohibition of marijuana use throughout the United States.
The federal district court should rule that:CorrectIncorrect
Congress passed a statute that established a five-member commission to investigate issues relating to gun control and to make recommendations to Congress for new gun control laws. All five members of the commission were appointed by Congress. An entity that has organizational standing brings a suit to enjoin the commission from investigating and recommending new gun control laws to Congress.
The appropriate decision for the court is to:CorrectIncorrect
A woman elected to a state legislature is prosecuted in federal court for violating the civil rights of a member of the janitorial staff of the state legislature’s building in connection with a sexual assault that occurred in her office. The woman raises as a defense the claim that the allegedly wrongful acts were committed in the course of legislative business, and she is immune from scrutiny by the federal courts.
Which of the following is the strongest constitutional argument in favor of the woman’s defense?CorrectIncorrect