Constitutional Law Keyed to Cohenback
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The federal government enacted a $100 tax on all persons running in a marathon sanctioned by a national athletic organization. The law specified that all monies raised by the marathon tax would be used to build a shelter for homeless persons in the state.
Should the statute be declared constitutional?CorrectIncorrect
The Federal Hazardous Waste Act of 1987 contained the clause ‘‘All disposal of Lithium 235 must be preceded by
rendering the element inert by combining it with Au isotopes. Li-Au compound may only be shipped by rail in
lead-reinforced containers.’’ The federal standard was prohibitively expensive compared to the methods previously
used by Lithium Chemical, a company incorporated and doing business in the state. Lithium Chemical developed and patented Lithium 235 and was the only company producing it. In 2008, the state passed a statute that ‘‘Lithium 235 may be disposed of only after being rendered inert by combining it with Au or Pb isotopes.’’ The state statute will be found unconstitutional: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
Congress enacted a statute that provided, ‘‘The federal courts are prohibited from issuing any order with respect
to the First Amendment.’’
Which of the following arguments will best support the challenge to the statute’s constitutionality?CorrectIncorrect