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This is the Past Exam of Constitutional Law and its key important points are :Religion Lobbies for Laws, Physical Therapist, Environmental Beauty of City, Non-Commercial Scenes, Amount of Political Campaign, Constitutional Issues, Conduct Public Demonstrations
Typology: Exams
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Keane, Constitutional Law II, Final, Spring 2011 Page 12 of 13
Section II: Essay Question I (One Hour)
Susan is a new member of a religious organization that believes it is sinful for any person to live past age 65. The religion lobbies for laws requiring forced euthanasia for people who will not voluntarily commit suicide at age 65.
One of the group’s religious duties is to conduct public demonstrations, continuously, all through the day and night, using groups of their members in revolving four hour shifts on streets around geriatric homes. They use bullhorns to deliver their message that God requires all who are older than 65 to kill themselves and if they do not do so they will burn in hell. The group’s expressed aim in carrying out these demonstrations is that this will either convince the elderly patients to kill themselves or that the demonstrations will so upset them as to hasten their death or perhaps even kill them through sleep deprivation from the noise.
Susan and the other members of the group are arrested for violating a variety of different local statutes which criminalize demonstrating without a permit, using fighting words, inciting illegal activities, group libel and inciting violence.
A newspaper reporter writes an article about the group, names Susan inaccurately as its founder and leader and says she is “a murderer who deserves to be on death row.” Susan sues the newspaper and the reporter for libel.
Susan’s supervisor at her job as a data processing clerk for a local county agency tells her she will be fired unless she informs him in writing within 24 hours that she does not belong to the organization. Susan demands a termination hearing. The supervisor fires her and says that he will give her a hearing under the agency’s guidelines. The format of the hearing, according to the guidelines, is that (1) it be held 60 days after her termination; (2) her supervisor will be the hearing officer; (3) the procedure is for her to convince the hearing officer in a written petition that he reconsider his decision to fire her; (4) the hearing officer shall have complete discretion as to whether she shall be rehired or remain terminated.
Discuss all constitutional issues raised by these facts. State how these issues should be resolved and why.
Keane, Constitutional Law II, Final, Spring 2011 Page 13 of 13
Section II: Essay Question 2 (One Hour)
1. A Federal statute that says in all immigration and deportation proceedings where the alien is represented by a lawyer, that lawyer must be a citizen of the United States. 2. A State statute that says no one older than 50 years of age shall be employed as a physical therapist in any state hospital. 3. A local city ordinance that says “in order to protect the environmental beauty of the city, no billboards shall be erected except those which depict non-commercial scenes of natural beauty.” 4. A Federal statute that restricts to $5,000 the amount of political campaign contributions which any individual donor may give to any particular presidential candidate. The statute also allows the individual donor to make additional contributions of up to $100,000 to that same presidential candidate if the donor also pays a matching amount into the federal government fund which provides public campaign financing on an equal basis to all presidential candidates. 5. A State statute that says “in the interest of insuring that no religious friction occurs among students in public schools, no religious symbols of any kind may be worn by any student on school grounds during the school day.” 6. A Federal statute that provides grants for local public schools to purchase laptop computers for students in low income families who may borrow the computers for home use during the school year. The statute has a condition that for a student to receive one of the computers, the participating school must present, and require all students to attend, a federally produced 2 hour anti-abortion program.
Discuss all constitutional issues raised by these facts. State how these issues should be resolved and why.