Brief Hypotheticals 02.1

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Question #1

In 1961, the executive director of the Planned Parenthood League of Connecticut was arrested and convicted of providing contraceptive information and materials to married people in violation of state law. The director appealed her conviction, and the United States Supreme Court found that the law violated a constitutional right to privacy. The Constitution never mentions privacy, but the justices found that the right is embedded in several amendments. Which of the following is NOT one of those amendments?

A Fifth

B Eighth

C First

D Third

Question #2

The town of Rock River decides to put a new road through the middle of town to increase tourist traffic. To build the road, the town must tear down a number of buildings. It sends a note to the buildings’ owners, telling them to vacate the premises within 24 hours. It is likely that the town has violated which provision of the Constitution?

A The equal protection clause

B The commerce clause

C The establishment clause

D The due process clause

Question #3

The state of Nevada passes legislation that bans public speaking from hallways in academic buildings on university campuses to preserve the quiet that students need to study effectively and to ensure that pedestrian traffic is not blocked. Luis challenges the law as a violation of his rights to free speech. Will Luis win his suit?

A No, because the right to free speech is part of the Bill of Rights which applies only to the federal government.

B Yes, because the right to free speech is absolute.

C No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral.

D Yes, because the right to free speech applies to both the federal government and to the states under the due process clause of the Fourteenth Amendment.

Question #4

Congress passes a law that regulates the amount of lettuce that can be grown on a farm. Milton is a farmer who grows lettuce. He grows more lettuce than is allowed under the new law and is fined. He sues to have the law declared unconstitutional, arguing that he grew the allowed amount for sale and then grew some extra for his family to use in personal consumption. The federal courts are likely to

A declare the law constitutional, because all actions impact interstate commerce.

B declare the law unconstitutional, because Milton’s actions are solely intrastate.

C declare the law constitutional, because Milton’s actions substantially affect interstate commerce.

D declare the law unconstitutional, because Milton’s actions do not impact interstate commerce in any way.

Question #5

The FBI wants to gain access to personal information (such as bank account numbers and social contacts) via the internet activities of Marcus Girard, a suspected terrorist who is a French citizen living in the U.S. on a temporary work visa. Which of the following acts allows the FBI to access this kind of information?

A USA Patriot Act.

B Freedom of Information Act.

C Privacy Act.

D HIPAA.

Question #6

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was

A unconstitutional under the equal protection clause.

B constitutional as a reasonable restriction on fundamental rights.

C unconstitutional as an unreasonable restriction on fundamental rights.

D constitutional under the establishment clause.

Question #7

A city ordinance allows only two hot dog stands to operate in the city’s downtown area. If someone who would like to add another hot dog stand challenges this ordinance under the equal protection clause, the rule will be subject to:

A the police power test.

B the rational basis test.

C intermediate scrutiny.

D strict scrutiny.

Question #8

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents’ constitutional right to:

A interstate commerce.

B full faith and credit.

C substantive due process.

D procedural due process.

Question #9

A Minnesota statute required all operators of slow-moving vehicles to display a fluorescent red triangular sign. Henderson, an adherent of the Amish religion, was charged with violating the statute. His defense was that the law violated his First Amendment right to freedom of religion because displaying “loud” colors on his slow-moving black buggy conflicted with his religious belief that he should remain separate from the modern world. Henderson stated that he was willing to display the sign if he could use silver, instead of red, reflective tape, which was equally effective. The state argued that the law applied to all equally. The court most likely found that the statute, as it applied to Henderson, was:

A constitutional under the safety clause.

B unconstitutional under the free exercise clause.

C unconstitutional under the due process clause.

D constitutional under the free exercise clause.

Question #10

Mary is a line cook at a restaurant and unknowingly has a highly contagious disease, “Syfoid.” She hasn’t show any symptoms herself, but she has passed it through the food she handles to several customers who later died. The Center for Disease Control (CDC) traced the disease back to Mary and order her to “appear for testing and treatment as well as to cease all handling of food.” When Mary refuses, the CDC and law enforcement arrive at her home and forcibly take her to a hospital where she is quarantined though she was not charged with any crime. Several months later Mary has still not been released from quarantine because she is still communicable, however, she has never been provided an opportunity to contest her quarantine. In the meantime, Mary lost her job. Has any of Mary’s fundamental rights been violated?

A No, because she is a threat to the health and safety of the community.

B Possibly because she was deprived of her liberty without due process.

C No, because she has not been charged with any crime

D Yes, the government violated her right to equal protection.

Question #11

A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld?

A Yes, because the law only prohibits political speech by businesses, not by individual citizens.

B No, because the business owners’ privileges and immunities have been violated.

C No, because the law is an unconstitutional restriction on free speech.

D Yes, because political speech is restricted if “constitutionally permissible.

Question #12

The Iowa legislature passed a law banning trucks sixty-five feet long or longer from operating on its roads and highways because big trucks do more damage to roads than smaller trucks and are involved in more serious accidents. Prior to the ban, Consolidated Freightways (CF) had driven big trucks through Iowa on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute was unconstitutional. The United States Supreme Court most likely found that the Iowa statute was:

A unconstitutional under the privileges and immunities clause.

B unconstitutional under the supremacy clause.

C unconstitutional under the dormant commerce clause.

D constitutional, because Iowa had a compelling state interest in passing the law.

Question #13

Garrett was a commercial tour-boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett’s state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so.

A constitutional under the due process clause.

B unconstitutional under the equal protection clause.

C unconstitutional under the supremacy clause.

D constitutional under the supremacy clause.

Question #14

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be:

A upheld on the basis of the supremacy clause.

B struck down on the basis of the supremacy clause.

C upheld unless Congress expressly prohibits states from enacting laws regarding cigars.

D struck down on the basis of the due process clause.

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Brief Hypotheticals 02.1

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