Constitutional Law – Principles & Practice 

Second edition 

Chapter Five – Questions for Analysis 

Would the decision in the Curtiss-Wright case be the same if the president’s acts were not authorized by Congress? Quote language from the case to support your answer. 2. Do you think that the War Powers Resolution is constitutional? Why or why not? 3. Why were there different results in Ex parte Milligan and Ex parte Quirin? 4. Answer the following questions regarding the Morrison case: a. Why did the Court find that the special prosecutor was an inferior officer? b. Why did Justice Scalia disagree? 5. According to Bush v. Boumediene, in the case of an “enemy combatant,” what procedural safeguards must be in place to justify the suspension of the right to a writ of habeas

Chapter Six Questions for Analysis 

1. Review the Living with the Constitution situation presented at the beginning of this chapter. Do you think that a state can tax all goods sold to its residents over the Internet? Is there a difference between an Internet Web site where the owner of the site sells items to the public and an Internet Web site that provides a forum for individuals to sell items to the public? 2. Answer the following regarding the case of Hillsborough County v. Automated Medical Laboratories. a. In arguing that the Hillsborough County ordinances and regulations are preempted, the Court said that the appellee faced an uphill battle. What was this battle, and did the appellee succeed in its argument? b. Why did the Court think that the extensiveness of the federal rules did not result in preemption? c. What was the Court’s holding in this case? 3. Answer the following regarding Geier v. American Honda Motor Co. a. Why did the Court believe that there was no express preemption? b. What was the language of the saving clause? c. Why did the Court believe that there was a conflict between state and federal law? 4. What are the factual differences between the Geier and Williamson cases? Why were those differences important? 5. Answer the following regarding the case of Cooley v. Board of Wardens. a. According to the Court, when should states be allowed to regulate interstate commerce? b. How did the Act of 1789 impact the Court’s decision? 6. Answer the following regarding the case of Southern Pac. Co. v. Arizona. a. What factors did this case ultimately depend on? Quote language from the Court. b. Why did Justice Douglas disagree with the majority?

Chapter Seven Questions for Analysis 

1. Reread the facts in Living with the Constitution at the beginning of the chapter. Orland wishes to sue for damages suffered as a result of a violation of his constitutional rights. Which provisions, if any, of the Constitution were violated by the city police? Which, if any, were violated by Orland’s acquaintance? 2. Answer the following questions regarding the Dobbert v. Florida case. a. Why was the Florida law, under which Dobbert was eventually sentenced to die, not ex post facto? b. Why did Justice Stevens dissent? 3. Answer the following questions regarding the Barron v. Baltimore case. a. According to Chief Justice Marshall, why was the Constitution established? b. If citizens want protection from their states, what does the Court say they should do? 4. Answer the following questions regarding Twining v. New Jersey. a. What is the historical origin of the term“due process”? b. According to the opinion, how should the Court determine what due process means in specific cases? c. What does the Court say the greatest security for liberty and justice is? 5. Why did the Court find that the Interstate Commerce Clause allowed Congress to enact a law that protected the civil rights of individuals in Heart of Atlanta Motel, Inc. v. United States, but did not allow the enactment of the law in United States v. Morrison? 6. Why did the Court in Saenz v. Roe find that California’s welfare laws violated the Privileges and Immunities Clause?

Chapter Eight questions for Analysis 

1. Refer to the facts in Living with the Constitution, where parents challenge the way in which school assignments are made. a. Is the school assignment based on any classification? If so, what? b. Is any fundamental right involved? c. If this case were to be heard by the Supreme Court, which test would they use to analyze the practice? 2. Refer to case City of Cleburne v. Cleburne Living Ctr., Inc. a. Why does the Supreme Court feel justified in departing from the general rule that state laws are presumed to be valid when laws classify by factors such as race, alienage, and national origin? b. Why do laws that classify by gender require heightened scrutiny? c. Why do laws that classify by age require only the rational basis test? d. Which test did the Court apply in this case and why? 3. Refer to the case Bush v. Gore. a. Why did the Court find an equal protection violation in the recount? 4. Refer to the Brown II case. a. According to the Supreme Court, who has primary responsibility for desegregating the schools? b. What practical problems could a court consider in deciding if a school district is integrating with proper speed? 5. Refer to Grutter v. Bollinger. a. Why did the Court find race-conscious policy to be constitutional for the law school? b. How did the Court explain the concept of“narrow tailoring”? c. Why does the decision in this case differ from the decision in Parents Involved In Community Schools v. Seattle School?