Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is posted. Violations carry civil penalties. A small advocacy group planned to run ads next month, but sued...
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
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | ESSAY
Medium
...lation of states and commandeering state officials to enforce federal law. U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Question
Constitutional Law | Fourth Amendment | MULTIPLE_CHOICE
Medium
...investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
Question
Constitutional Law | Executive Powers | MULTIPLE_CHOICE
Medium
The President 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 C...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Question
Constitutional Law | First Amendment | ESSAY
Hard
City A owns a downtown plaza connected to public sidewalks and regularly opens it for rallies, concerts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "polit...
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
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
State C enacted a tax on online retailers. The tax applies to retailers with more than $500,000 in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The ta...
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
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: physical presence is not required when a remote seller deliberately makes substantial sales into the state. U.S. Const. art...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...ocess. The company argues that none of the plaintiffs has Article III standing because the line might be built even after a new agency process. Analyze standing for each plaintiff, including injury, causation, redressabi...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ency to reconsider it. Which statement best describes the Article III standing issue? The best answer states the Article III standing elements and rejects generalized grievances and merits-based shortcuts. U.S. Const. ar...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...of its members? The best answer gives the Hunt test for associational standing and avoids overbroad requirements. U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth...
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Question
Constitutional Law | Fourth Amendment | ESSAY
Hard
...h exception. Analyze probable cause, particularity, any Franks issue, standing, and the good-faith exception. This essay tests warrants, probable cause, particularity, Franks challenges, good faith, and suppression. U.S...
Citations: U.S. Const. amend. IV, Illinois v. Gates, Franks v. Delaware, United States v. Leon, Groh v. Ramirez
Question
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
Question
Constitutional Law | Due Process and Equal Protection | MULTIPLE_CHOICE
Medium
...eive" monthly disability benefits unless the agency finds one of five listed grounds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chan...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
Question
Constitutional Law | Executive Powers | ESSAY
Hard
...arising from confiscated property may proceed in federal court notwithstanding any executive agreement." A state statute separately bars Country X's state-owned bank from doing business in the state because the state doe...
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
Question
Constitutional Law | Fifth Amendment and Takings | MULTIPLE_CHOICE
Medium
...most accurate? The best answer applies the broad public-purpose understanding of public use and keeps compensation as a separate issue. U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing...
Citations: U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing Authority v. Midkiff
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...ound checks for private firearm transfers until a federal database is complete. The checks require reviewing local records, calling references, and reporting disqualifying information to a federal agency. A police chief...
Citations: U.S. Const. amend. X, Printz v. United States
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Medium
...to divert staff from counseling to investigation and testing. Analyze standing for the two taxpayers, the bookstore, and the organization. This essay tests taxpayer standing, third-party standing, and organizational stan...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ssages. Which taxpayer, if either, is most likely to have Article III standing? The best answer recognizes the limited Flast exception and its boundary at discretionary executive spending. U.S. Const. art. III, sec. 2, F...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ssion even though all legal prerequisites for the commission had been completed. The commissioner asks the court to decide the constitutional issue and order the officer to perform the legal duty. Which statement most ac...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...al statute requires each state legislature to enact a state licensing law for short-term rental hosts. The same statute directly prohibits private online platforms from listing rentals that lack a federally assigned regi...
Citations: U.S. Const. amend. X, New York v. United States, Murphy v. NCAA
Question
Constitutional Law | Fourth Amendment | ESSAY
Medium
...o not come in." Officers arrested the suspect in the doorway on an outstanding warrant and took him away. Thirty minutes later, the roommate again consented to a search of the living room, where officers found a backpack...
Citations: U.S. Const. amend. IV, Schneckloth v. Bustamonte, Illinois v. Rodriguez, Georgia v. Randolph, Fernandez v. California, South Dakota v. Opperman, New Jersey v. T.L.O.