I. Billy Bob Reddnec decides to escape the oppressive heat of southern Alabama and moves west to La Grande, Oregon. After settling in, Billy Bob purchases the Long Branch Bar and Grill and extensively remodels the bar.At the grand opening of his business, Billy Bob posts a large sign on the front of his business that states “By one beer, get the second for $1.”Later in the day, Billy Bob is contacted by the city enforcement officer who informs him that the sign violates a city ordinance which prohibits public displays of alcohol advertising. Billy Bob challenges the city ordinance claiming that it violates his First Amendment right to free speech.
- State and describe the test that the court apply to determine if the regulation is constitutional? Why would this test be applied?
V.In order to remedy a long history of discriminating against Latino students, the University of Oregon enacts a school policy that gives admissions preferences to Latino students who apply to the university. The school policy is challenged by Asian students who have applied but not been accepted to the University as a violation of the 14th amendment guarantee of equal protection.
2.Does the 14th Amendment guarantee of equal protection apply to the University’s admissions preference policy?What test would the court apply to determine if the admissions policy is constitutional? Why would this test be applied? Explain your answer.
II. The state of Oregon passes a law which requires that all fruit and produce grown outside the state must be inspected before being brought into the state. A Washington apple farmer challenges the law claiming that it violates the Interstate Commerce Clause of the U.S. Constitution.
3.What test would a court apply to determine if the law is constitutional?In your opinion is the law most likely constitutional or unconstitutional?
III.To improve air quality the U.S, Congress enacts a federal statute that bans open surface coal mining.The statute bans only coal mines, not other open surface mining such as iron or tin mines.
- On what constitutional grant of authority (delegated power) can Congress base the statute?Explain your answer.
The owner of Lump Coal, an open surface coal mine, sues the federal government claiming the statue violates the Equal Protection Clause because he and other open surface coal mines are being treated differently than mine owners who operate other types of open surface mines
- What test should the court apply to determine if the federal statute is constitutional? Why would this test be applied? Explain your answer.
IV. Scientific studies show that prolonged exposure to gasoline fumes increases the risk of breast cancer in women.In response, the Tesoro Board of Directors passes a company policy that prohibits Tesoro gas retailers and distributors from hiring or employing females.Suzi Wiff is discharged from her job as a service station attendant at the in La Grande Tesoro.Suzi’s challenges the company policy claiming that it violates the Equal Protection Clause of the U.S. Constitution.
- How should the court rule in Suzi’s case? Has Tesoro violated the 14th amendment guarantee of equal protection? Explain your answer.
Sample Solution
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