...issues a pardon to an aide for all completed federal campaign-finance offenses committed during the prior year. State prosecutors later charge the aide under state bribery law based on the same facts, and Congress contin...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...res. Factory owners sue. Which statement best describes the governing separation-of-powers framework? The best answer states Youngstown's core framework. U.S. Const. art. II, Youngstown Sheet & Tube Co. v. Sawyer
Citations: U.S. Const. art. II, Youngstown Sheet & Tube Co. v. Sawyer
...three actions. Analyze the constitutional issues under Article II and separation-of-powers principles. This essay tests Youngstown categories, emergency executive action, commander-in-chief claims, and Take Care limits...
Citations: U.S. Const. art. II, Youngstown Sheet & Tube Co. v. Sawyer, Zivotofsky v. Kerry, Train v. City of New York
...encies. Which statement is most accurate? The best answer applies the separation-of-powers limit on Congress retaining control over officers who execute federal law. U.S. Const. art. I, U.S. Const. art. II, Bowsher v. Sy...
Citations: U.S. Const. art. I, U.S. Const. art. II, Bowsher v. Synar, Buckley v. Valeo
...advance the public interest. Small data brokers challenge the Act on separation-of-powers grounds. The Commission argues that Congress may use expertise and broad standards to address modern technology. Analyze the dele...
Citations: U.S. Const. art. I, sec. 1, A.L.A. Schechter Poultry Corp. v. United States, Carter v. Carter Coal Co., Whitman v. American Trucking Associations, Inc., West Virginia v. EPA
...tion is correct." A losing plaintiff argues that the statute violates separation of powers. Which statement is most accurate? The best answer states both Congress's appellate-jurisdiction power and the Klein limit on pre...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
...lyze ripeness and mootness, including voluntary cessation and capable-of-repetition-yet-evading-review. This essay tests ripeness, pre-enforcement review, mootness, voluntary cessation, and capable-of-repetition-yet-evad...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
Congress enacted the Equal Access to Courts Act under Section 5 of the Fourteenth Amendment. The Act requires states to provide sign-language interpreters in all criminal, civil, and administrative hearings when a party...
Citations: U.S. Const. amend. XIII, U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison, Tennessee v. Lane, Jones v. Alfred H. Mayer Co.
The President recognized the government of Country X after a disputed revolution. Without submitting anything to the Senate, the President signed an executive agreement with Country X settling claims between U.S. compani...
Citations: U.S. Const. art. II, sec. 2, United States v. Belmont, United States v. Pink, Dames & Moore v. Regan, Medellin v. Texas, Zivotofsky v. Kerry
A federal court orders production of specific Oval Office recordings needed for a criminal trial of private defendants. The President invokes executive privilege, arguing that all presidential communications are absolute...
Citations: U.S. Const. art. II, United States v. Nixon
...ry investigating bribery by private contractors subpoenaed recordings of Oval Office meetings between the President and senior advisers. The subpoena identifies specific dates and topics and seeks evidence for a criminal...
Citations: U.S. Const. art. II, United States v. Nixon, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
A federal statute authorizes a board made up of executives from the five largest trucking companies to set binding minimum rates for all smaller trucking companies. A federal agency must publish the board's rates but may...
Citations: U.S. Const. art. I, Carter v. Carter Coal Co., A.L.A. Schechter Poultry Corp. v. United States
...t for civil damages based on a statement the President made during an official press conference explaining termination of a federal contract. Another plaintiff sues the President over a private business agreement signed...
Citations: U.S. Const. art. II, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
A member of Congress reads subpoenaed documents into the record during a committee hearing, then gives the same documents to a campaign consultant who posts them with campaign commentary. The target of the documents sues...
Citations: U.S. Const. art. I, sec. 6, cl. 1, Gravel v. United States, United States v. Brewster
...ress authorizes defensive naval patrols but expressly forbids seizure of neutral merchant ships. The President orders naval commanders to seize such ships anyway, citing the Commander in Chief Clause and operational nece...
Citations: U.S. Const. art. I, sec. 8, U.S. Const. art. II, sec. 2, Youngstown Sheet & Tube Co. v. Sawyer, Little v. Barreme
...ongress enacts a statute barring any person from serving in the House of Representatives if the person has previously been censured by a state legislature. A candidate who meets the constitutional age, citizenship, and i...
Citations: U.S. Const. art. I, sec. 2, U.S. Const. art. I, sec. 5, Powell v. McCormack, U.S. Term Limits, Inc. v. Thornton
Congress enacts a statute under Section 5 of the Fourteenth Amendment requiring states to change their court-access procedures after hearings documenting repeated denials of access to disabled litigants. The statute also...
Citations: U.S. Const. amend. XIV, sec. 5, City of Boerne v. Flores, United States v. Morrison
The President issued a pardon to a former cabinet official for "all federal offenses committed in connection with the Harbor Contract Program from January 1 through June 30." The official had not yet been indicted when t...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland, Murphy v. Ford, Youngstown Sheet & Tube Co. v. Sawyer, Little v. Barreme
The President recognizes the new government of Country A. A state statute declares that the state will recognize only the former government and bars the new government's state-owned bank from state courts. The bank argue...
Citations: U.S. Const. art. II, Zivotofsky v. Kerry, United States v. Belmont, United States v. Pink
...e campaign events. The ordinance also requires a permit for any group of more than 25 people using amplified sound after 8 p.m. The permit official may deny a permit if the official believes the event would be "inconsist...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
...in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The tax is measured by receipts from State C customers only. A separate provision gives a 50 percent cred...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
The record contains mixed facts that support one part of the requested ruling but also suggest a limitation or defense. A party relied on common practice, but the record includes facts suggesting that practice was unreas...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
...data to insurers and marketers. State C sues, arguing that all parts of the Act commandeer state government. Private data brokers also object to federal regulation. Which parts of the Act are likely valid, and which par...
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
...ivil penalties, and issues binding rules. The statute permits removal of the Director only for cause and also says Congress may remove the Director by joint resolution for neglect of duty. Which statement best describes...
Citations: U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
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