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The United States Surgeon General was cited for contempt for refusing to answer questions as part of a Senate investigation regarding an issue in the Food and Drug Administration. His contempt citation will be dismissed if he can show which of the following?

As an aide to a member of the Congress of the United States, you are expected to provide an analysis of the constitutionality of proposed legislation that your employer is called to vote on. A bill has been proposed that would create a mandatory price schedule for every motor vehicle sold in the United States. Which of the following should you tell your employer is the strongest constitutional basis for the proposed legislation?

A state statute provides: “Any merchant desiring to sell within this state any product or goods manufactured outside of the United States must (i) obtain a special license from the state for $50 and (ii) clearly mark the goods as to specify their country of origin.” The statute makes it a misdemeanor for any merchant to willfully sell goods without complying with these statutory requirements. Which of the following statements is correct regarding the constitutionality of the statute?

The Federal Arbitration Act (“FAA”) requires enforcement of a “written provision in . . . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract . . . shall be valid, irrevocable, and enforceable.” 9 U.S.C. § 2. Prior case law has interpreted “involving commerce” to mean “affecting commerce.” Jerry lives in a state with laws that disfavor arbitration clauses, and defaults on a loan to a state bank whose loan officer Jerry claims defrauded him. When the bank secures an order requiring arbitration, Jerry cries foul. Congress, he argues, has exceeded its commerce power in ordering intrastate disputes arbitrated, contrary to the declared public policy of the state. Which of the following argument(s) is/are helpful to the bank seeking enforcement?

Terrorists in a foreign country kidnapped a U.S. ambassador to that country. The terrorists threatened to kill her, unless the President secured the release of an identified person held in a state prison pursuant to a valid conviction by that state.The President responded by entering into an agreement with the foreign country which provided for the release of the U.S. ambassador on a specified date in return for the release of the identified person held in the state prison. The President then ordered the governor of the state to release the prisoner in question. The governor refused. No federal statutes are applicable.Which of the following is the strongest constitutional argument for the authority of the President to take action in these circumstances and require the governor to release the prisoner?

The President of the United States and the king of a foreign nation entered into a treaty agreeing that citizens of the foreign nation who reside in the United States would not be taxed by the United States and that United States citizens who reside in the foreign nation would not be taxed by it. The treaty was ratified by the United States Senate and the royal council of the foreign nation. One year after the treaty became effective, the foreign nation began to tax United States citizens within its borders. The President immediately declared the tax treaty to be void and ordered the Internal Revenue Service to tax citizens of the foreign nation living in the United States. Is the President’s action constitutional?

A city’s airport board that oversees a large international airport in the United States has adopted a policy of reviewing current vendor licensees every three years. During the process, the board reviews customer comments, assesses the utility of the vendor’s services, and reviews the profitability of the vendor (licensees pay rent based on a percentage of their gross profit). The licensee is entitled to present evidence on all of the issues reviewed. The owner of a franchised currency exchange on wheels had a license to operate the cart within the airport until last week, when his license came up for review. After an appropriate hearing, the board refused to renew the owner’s license mainly because of an excessive number of customer complaints. Nevertheless, the owner continued operating his cart pursuant to a license granted to him under the Federal Borders Act that allowed him to operate his cart at all borders or their functional equivalent. A city police officer patrolling the airport asked to see the owner’s license. The owner showed his federal license, but the officer issued the owner a citation because he did not have a city license. Which of the following is the owner’s best constitutional defense?

The United States was involved in a dispute with a small island nation over the ownership of an archipelago. On discovering that the archipelago was rich in oil, the President announced that he would appoint an ambassador to negotiate a treaty with the island nation to jointly exploit the oil reserve. A majority of Senators believed that the island clearly belonged to the United States and did not want to negotiate with the island nation. They passed a resolution requiring the President to include a Senator in his diplomatic mission to ensure that the Senate’s view was presented in any negotiation with the island nation. What is the strongest constitutional ground for the President’s refusal to do so?

Your client was subpoenaed to appear before the House of Representatives Armed Services Committee and answer certain questions. When the client appears, he refuses to answer and is cited for contempt of Congress. Which of the following should you raise as the client’s best defense to the charge of contempt of Congress?

Scientific studies indicate that emissions from gasoline combustion engines contribute to a reduction in the health and growth rate of trees. To protect trees in the national forests, the Environmental Protection Agency (“EPA”), a federal agency, enacted stringent new fuel emission standards that apply to motor vehicles operating inside or within a 10-mile radius of all federal parks. The EPA regulations expressly preempt any conflicting state or local regulations, unless the state or local regulations require an even greater reduction in automobile emissions.A shuttle service operator transports tourists from hotels to the front entrance of a federal park. If the EPA regulation applies to her shuttle service, the operator will have to spend several thousand dollars for each shuttle to modify the engine exhaust system. The operator brings suit to challenge the validity of the federal regulation as applied to her.How will the court likely rule on the shuttle operator’s challenge?