Congress has enacted a statute that requires all companies e…

Congress has enacted a statute that requires all companies engaging in business with the federal government to enact certain affirmative action programs in hiring. A small diner has been providing catering services for a local branch office of the United States Department of Agriculture. At lunch one day, a senior enforcement officer of the Department of Agriculture happens to notice the racial makeup of the diner’s workforce, and informs the diner that it is in violation of the affirmative action statute, and files charges against the diner.If the diner challenges the validity of the federal statute, what is the government’s best response to the argument that Congress has exceeded its legitimate powers?

Due to severe traffic problems on its streets, a city enacte…

Due to severe traffic problems on its streets, a city enacted an ordinance prohibiting all sales to the public of food or other items by persons selling directly from trucks, cars, or other vehicles located on city streets. The ordinance includes an inseverable grandfather provision, exempting vendors who, for 20 years or more, have continuously sold food or other items from such vehicles located on the city’s streets.An ice cream vendor is the only food vendor in the city that qualifies for this exemption. A yogurt vendor has a similar business, except he has been selling to the public only for the past 10 years. The yogurt vendor filed suit in an appropriate federal district court to enjoin enforcement of this ordinance, arguing that it denies him equal protection of the laws.In this case, the court will probably rule that the ordinance is:

A city school board issued a rule authorizing public school…

A city school board issued a rule authorizing public school principals to punish, after a hearing, students who engage in violations of the board’s student behavior code. Violators of the behavior code may be punished in a variety of ways, including being required to sit in designated school confinement rooms during all school hours, with their hands clasped in front of them, for a period of up to 15 school days.A fifth-grade elementary school student was charged with placing chewed bubble gum on a classmate’s chair in violation of the student behavior code. After a hearing on the charges, the principal ordered the fifth grader to spend the next 15 school days in the school confinement room with his hands clasped in front of him. The fifth grader’s parents filed suit in federal court, challenging, solely on constitutional grounds, the principal’s punishment.Which of the following arguments is most helpful to the fifth grader’s parents in this suit?

Citing a study alleging that a high percentage of durable po…

Citing a study alleging that a high percentage of durable powers of attorney (DPAs) are either forged or obtained through fraud or undue influence, the Ames General Assembly has prohibited the delegation of medical decision-making authority to surrogates. Wendy, the wife and designated surrogate of Bill, who is in a persistent vegetative state, would like to exercise her authority and remove her husband’s ventilator. Wendy sues, claiming that the law violates the Due Process Clause. A reviewing court would likely:

Congress enacted a statute authorizing the denial of all fed…

Congress enacted a statute authorizing the denial of all federal funding to public school districts in which a specified percentage of the students enrolled in the public schools fail to pass a national achievement test. According to the terms of the federal statute, the first national achievement test was scheduled for administration five years from the effective date of the statute. After reviewing then-current levels of public school student performance, the officials of a state became concerned that several of its public school districts would lose their federal funding after the administration of the first national achievement test. Then-current levels of private school student performance were substantially higher. In order to improve the chances of those school districts retaining their federal funding, the state recently enacted a law that requires all children of elementary and secondary school age to attend the schools operated by their respective local public school districts. The law is to take effect at the beginning of the next school year. Parents of children enrolled in private schools within the state have filed suit to challenge the constitutionality of this state law.  Should the court uphold the law? 

A state statute requires the permanent removal from parental…

A state statute requires the permanent removal from parental custody of any child who has suffered “child abuse.” That term is defined to include “corporal punishment of any sort.” A father gently spanks his six-year-old son on the buttocks whenever he believes that spanking is necessary to discipline him. Such a spanking has never physically harmed the child. The state files suit under the statute to terminate the father’s parental rights solely because of these spankings. The father defends only on the ground that the statute in question is unconstitutional as applied to his admitted conduct.  In light of the nature of the rights involved, which of the following is the most probable burden of persuasion on this constitutional issue? 

Bart, a student at Ames High School, encounters Ken, his bio…

Bart, a student at Ames High School, encounters Ken, his biology teacher, at the local KrustyBurger restaurant one day after school has been dismissed. Bart makes an obscene gesture at Ken, whom he does not like; Ken sees Bart do this. At school the next day, Bart is called to the principal’s office and suspended for “inappropriate, disrespectful, and vulgar conduct toward school personnel,” which is forbidden by the Ames High School code of conduct. If, after Bart files a lawsuit challenging his suspension, a judge rules for him, and orders his suspension lifted and his record cleared, it would likely be because:

A housing development contained one-, two-, and three-bedroo…

A housing development contained one-, two-, and three-bedroom units. All units were suitable for occupancy, and the developers of the project filed the appropriate documents, including a Declaration of Restrictions that limited ownership and occupancy of the units to families or to groups of unrelated adults of not more than three in number. Each deed to the individual units also contained the restriction.One of the two-bedroom units was purchased by a woman and her boyfriend. They immediately moved into the unit with another unmarried couple who were friends of theirs. Other unit owners brought suit against the woman and her boyfriend to enjoin the occupancy by the other couple.If the other unit owners prevail, what will likely be the reason?