I need it before tomorrow , which is 12-08 0:00:00
26. Prior to 1937 the Supreme Court was generally hostile to economic
regulations imposed by Congress. However a Congressional regulation
was more likely to be approved if it affected commerce rather than
manufacture. Explain the distinction between manufacture and commerce
why the Court was hostile to manufacture regulations.
27. In 1918 the Court struck down a federal statute which prohibited
the interstate transportation of articles made by companies which
children under a certain age and under certain conditions. Why would
the Court have struck down this statute?
28. Congress makes it a felony for any individual to place a bet with
another individual on a sports event, or to propose such a bet. The
statute is written broadly, so as to cover two friends who bet with
each other primarily for purposes of friendship rather than profit.
The house and Senate Committee Reports on the bill show that Congress
believed that ostensibly ?friendly? betting creates a climate that is
tolerate of gambling, which in turn increases the interstate gambling
profits of organized crime, a multi-million dollar nationwide problem.
Donald is charged with violating the statute by placing a bet on the
Super Bowl with his best friend, Elaine. They made the bet face to
face within a single state. Donald defends himself on the grounds this
statute is unconstitutional. Will he succeed? Explain your answer.
29. The Constitution of the state of Ross contains a due process
clause who langue is identical to the Due Process Clause of the US
Constitution?s Fourteenth Amendment. Jack was a teacher in the Town of
Harmony, in Ross. Because Tom?s status was that of ?probationary
teacher,? the custom in Ross was Jack could be fired at the end of any
school year without cause. Jack was fired without cause. He sued
Harmony in Ross state court. His suit was premised on the argument
that his firing violated the Ross due process clause, in that he was
not given a hearing before being fired. The Ross state court agreed,
and the Ross Supreme Court affirmed. Now the Town of Harmony has
appealed the case to the US Supreme court. May the U.S. Supreme court
hear the case?
30. Congress, in an effort to streamline the federal judiciary, passes
a statute eliminating diversity jurisdiction. The legislation would
prevent diversity suits being brought in federal district court, so
they would have to be brought in state court. (The legislation does
not directly change the Supreme Court?s appellate jurisdiction, so
that the Supreme Court can continue to review the judgement of state
courts, including state court suits that turn on a federal questions.)
Is this congressional legislation constitutional? |
