Constitutional Law Keyed to Cohenback
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A state enacted a statute to regulate the use of independent contractors in the state by major garment makers, most of whom were headquartered out of state, because it had led to the hiring of illegal aliens to work under conditions reminiscent of 19th-century sweatshops. The statute provides that any garment-making subcontractor must have been a citizen of the United States for five years and a resident of the state for one year.
This clause of the legislation is subject to a constitutional challenge based on:CorrectIncorrect
A state located in the southern half of the United States experienced a strong influx of retirees, due in part to its mild winters and in part to the generous health benefits that the state historically provided to its elderly residents who fell below the federal poverty line. The state’s Office of Budget Management determined that the influx of retirees would bankrupt the state’s health care benefit fund within five years. To preserve the fund and ensure the health of its citizens, the state revised its health care statute to make persons ineligible for coverage until they have lived in the state for at least one year.
If a retiree who was denied benefits because she just moved to the state challenges the constitutionality of the statute in federal court, is she likely to prevail?CorrectIncorrect
Hoping to help control a growing problem with violent all-male teenage gangs who frequented a youth center, a city council passed an ordinance forbidding any male between the ages of 13 and 19 to enter the center unless accompanied by a female. An 18-year-old boy who was new to the city went to the youth center to try to meet new friends. He was refused admission because he was not escorted by a female.Angered, the boy filed suit in federal district court seeking admission to the center and asking the court to strike down the ordinance as unconstitutional.
Which of the following standards should the court use in determining the validity of the ordinance?CorrectIncorrect