U.S. Senator Mintz made a speech on the floor of the U.S. Se…

U.S. Senator Mintz made a speech on the floor of the U.S. Senate, in which she asserted that Fabian, a federal civil servant with minor responsibilities, was twice convicted of fraud. In making this assertion, Senator Mintz relied wholly on research done by Carter, her chief legislative assistant. In fact, it was a different man, and not Fabian, who was convicted of these crimes. This mistake was the result of Carter’s carelessness. No legislation affecting the appointment or discipline of civil servants or the program of the federal agency for which Fabian works was under consideration at the time Senator Mintz made her speech. Fabian sued Senator Mintz and Carter for defamation. Both Senator Mintz and Carter move to dismiss the complaint.As a matter of constitutional law, the court hearing this motion should:

Congress passed a statute directing the United States Forest…

Congress passed a statute directing the United States Forest Service, a federal agency, to issue regulations to control campfires on federal public lands and to establish a schedule of penalties for those who violate the new regulations. The statute provides that the Forest Service regulations should “reduce, to the maximum extent feasible, all potential hazards that arise from campfires on Forest Service lands.” The Forest Service issued the regulations and the schedule of penalties directed by Congress. The regulations include a rule that provides for the doubling of the fine for any negligent or prohibited use of fire if the user is under the influence of alcohol or drugs.Which of the following arguments best supports a finding that the rule providing for the fines is constitutional?

The State H legislature conducted an investigation into a se…

The State H legislature conducted an investigation into a series of fatal accidents in State H involving commercial trucks with exteriors made of polished aluminum. The investigation revealed that the sun’s glare reflecting off these trucks blinded the drivers of other vehicles. In response, State H’s legislature enacted a law prohibiting commercial trucks with polished aluminum exteriors from traveling on State H’s highways. Litigation over the State H law resulted in a final decision by the United States Supreme Court that the law impermissibly burdened interstate commerce and therefore was unconstitutional. Congress later enacted a statute permitting any state to enact a law regulating the degree of light reflectiveness of the exteriors of commercial trucks using the state’s highways.Is this federal statute constitutional?

A small group of terrorists hijacked a foreign airliner. Ten…

A small group of terrorists hijacked a foreign airliner. Ten prominent bankers from the United States were among the airline passengers. The terrorists demanded that three individuals imprisoned in a State T prison be released. Although these individuals were properly convicted of violation of State T laws, the terrorists contended that they were political prisoners and that their convictions were merely a subterfuge to prevent them from inciting the local populace. After negotiations between the State Department and the terrorists, the President of the United States agreed to release the three prisoners in return for the freedom of the 10 bankers. He issued official pardons and ordered that the prisoners be released.What is the strongest argument that the President’s order is invalid?

Emerald City is a center for businesses that assemble person…

Emerald City is a center for businesses that assemble personal computers. Components for these computers are manufactured elsewhere in the State of Oz and other states and then shipped to Emerald City, where the computers are assembled. An Emerald City ordinance imposes a special license tax on all of the many companies engaged in the business of assembling computers in Emerald City. The tax payable by each such company is a percentage of the company’s gross receipts. The Oz statute that authorizes municipalities to impose this license tax has a provision that requires the city license tax to be reduced by a percentage equal to the proportion of computer components manufactured in Oz. ABC Company assembles computers in Emerald City and sells them from its offices in Emerald City to buyers throughout the United States. All of the components of its computers come from outside Oz. Therefore, ABC Company must pay the Emerald City license tax in full without receiving any reduction. Other Emerald City computer assemblers use components manufactured in Oz in varying proportions and, therefore, are entitled to partial reductions of their Emerald City license tax payments. ABC Company has brought an action in a proper court asking to have Emerald City’s special license tax declared unconstitutional on the ground that it is inconsistent with the negative implications of the Commerce Clause.In this case, the court should rule: