处理后的mbe宪法题库刷题格式(含解析).txt

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A state imposes a tax on the "income" of each of its residents. As defined in the taxing statute, "income" includes the fair rental value of the use of any automobile provided by the taxpayer's employer for the taxpayer's personal use. The federal government supplies automobiles to some of its employees who are residents in the state so that they may perform their jobs properly. A federal government employee supplied with an automobile for this purpose may also use it for the employee's own personal business. Assume there is no federal legislation on this subject. May the state collect this tax on the fair rental value of the personal use of the automobiles furnished by the federal government to these employees?

A federal statute authorizes a federal agency to issue rules requiring that state legislatures adopt laws of limited duration to reduce water pollution from gasoline-powered boat motors. The purpose of these rules is to assist the agency in attaining the clean water standards required by the statute. After the agency issued such rules, several states filed an action challenging the rules on the sole ground that they are unconstitutional. Should the court uphold the constitutionality of the agency's rules?

A state statute requires corporations located in the state to pay an annual property tax based on the value of their inventory that is stored there. A tire distributor that imports tires manufactured in foreign countries and stores them at warehouses located in the state has sued to challenge the state tax, arguing that it is unconstitutional. Is the state tax constitutional?

A state representative made a speech on the floor of the state legislature in which she asserted that a state senator had violated the legislature's code of ethics by having a sexual relationship with a staff member. In making this assertion, the representative played a recording of a phone conversation between the senator and staff member in which they admitted having such a relationship. The representative obtained the recording from an acquaintance, who had placed an illegal wiretap on the staff member's phone. One year later, the federal government initiated a prosecution against the state representative for violating a federal criminal statute that prohibits the intentional publication of communications that were unlawfully recorded. A person found guilty under the statute is subject to a one-year prison sentence and a monetary fine. The representative has moved to dismiss the action. Is the court likely to dismiss the action?

A state law makes it a crime for an individual to intentionally provide false information on state tax forms when applying for employment. A federal statute prohibits employers from hiring individuals who provide false Social Security numbers when applying for employment. The statute's purpose is to prevent individuals from assuming a false identity to obtain employment. A provision of the federal statute states that the statute expressly preempts state laws imposing civil or criminal punishments on employers who hire individuals who provide fraudulent Social Security numbers. A man was charged in state court with violating the state law by intentionally providing a false Social Security number on his state tax withholding form when he applied for employment in the state. The man argued that the prosecution should not proceed because the federal statute preempts the state law. Assume that no other federal statute applies. How should the state court proceed with the case?

A county in State A is located adjacent to the border of State B. The communities located in the county are principally suburbs of a large city located in State B, and therefore there is a large volume of traffic between that city and the county. While most of that traffic is by private passenger automobiles, some of it is by taxicabs and other kinds of commercial vehicles. A county ordinance provides that only taxicabs registered in the county may pick up or discharge passengers in the county. The stated purpose of this ordinance is to reduce traffic congestion. The ordinance also provides that only residents of the county may register taxicabs in that county. Which of the following is the proper result in a suit brought by State B taxicab owners challenging the constitutionality of this county ordinance?

A federal statute established a national lottery and created a new federal agency to administer it. In order to sell lottery tickets directly to the public, the agency established outlets throughout the country. Some of these outlets are within a state that levies a general tax on the gross receipts from all in-state gaming operations. The state seeks to tax the agency on the sales of lottery tickets from its outlets within the state. Must the agency pay the state gross receipts tax?

A federal law provides that all motor vehicle tires discarded in this country must be disposed of in facilities licensed by the federal Environmental Protection Agency. Pursuant to this federal law and all proper federal procedural requirements, that agency has adopted very strict standards for the licensing of such facilities. As a result, the cost of disposing of tires in licensed facilities is substantial. A state has a very large fleet of motor vehicles, including trucks used to support state- owned commercial activities and police cars. The state disposes of used tires from both kinds of state motor vehicles in a state-owned and operated facility. This state facility is unlicensed, but its operation in actual practice meets most of the standards imposed by the federal Environmental Protection Agency on facilities it licenses to dispose of tires. Is it consistent with United States Supreme Court precedent for the state to continue disposing of its used tires in this manner?

A state enacted a statute requiring the state's appointed presidential electors to swear an oath that they will cast their electoral votes for the presidential and vice-presidential nominees chosen by the popular vote of the state. A provision of the statute provides that an elector who breaks this oath and votes for another candidate will be removed and replaced as an elector and fined 1,000. Three appointed electors in the state swore the oath as required by the statute. When the time came to cast their electoral votes, however, the electors voted for a presidential candidate who was not chosen by the state's popular vote. The state removed the electors and replaced them with alternates. The state also fined each elector 1,000. The three electors sued the state in state court, claiming that the statute governing presidential electors violates the United States Constitution. How should the court rule on the constitutionality of the state statute?

A federal statute authorizes the Interstate Commerce Commission (ICC) to permit interstate carriers to discontinue any unprofitable route. An interstate bus company that operates in a five-state area applied to the ICC for permission to drop a very unprofitable route through a sparsely populated mountain region. The ICC granted that permission even though the bus company provided the only public transportation into that region. A woman owns a mountain resort in this region. The resort's customers usually arrived on buses operated by the company. After exhausting all available federal administrative remedies, the woman filed suit against the bus company in the trial court of the state in which the resort is located to enjoin the discontinuance by the bus company of its service to that area. The woman alleged that the discontinuance of service would violate a state statute that prohibits common carriers from abandoning service to communities having no alternate form of public transportation. What action should the state court take?

Due to the high cost of labor, several large corporations shut down their manufacturing plants in a state and moved their operations overseas. This caused severe and continuous unemployment in the state, which relies heavily on manufacturing jobs and manufactured goods to spur its economy. In response, the state legislature enacted a statute that requires certain businesses selling goods in the state to purchase goods produced in the state in an amount equal to at least half of the business's annual sales in the state. This statute only applies to businesses with annual sales in the state that exceed 3 million. A company that has annual sales in the state of 5 million challenges the state statute in federal court. Which constitutional provision provides the strongest ground on which to attack this statute?

The United States Department of Energy regularly transports nuclear materials through a city on the way to a nuclear weapons processing plant it operates in a nearby state. The city recently adopted an ordinance prohibiting the transportation of any nuclear materials in or through the city. The ordinance declares that its purpose is to protect the health and safety of the residents of that city. May the Department of Energy continue to transport these nuclear materials through the city?

National statistics revealed a dramatic increase in the number of elementary and secondary school students bringing controlled substances to school for sale. In response, Congress enacted a statute requiring each state's legislature to enact a law making it a crime for any person to sell, within 1,000 feet of any elementary or secondary school, any controlled substance that had previously been transported in interstate commerce. Is the federal statute constitutional?

Radon is a harmful gas found in the soil of certain regions of the United States. A state statute requires occupants of residences with basements susceptible to the intrusion of radon to have their residences tested for the presence of radon and to take specified remedial steps if the test indicates the presence of radon above specified levels. The statute also provides that the testing for radon may be done only by testers licensed by a state agency. According to the statute, a firm may be licensed to test for radon only if it meets specified rigorous standards relating to the accuracy of its testing. These standards may easily be achieved with current technology; but the technology required to meet them is 50% more expensive than the technology required to measure radon accumulations in a slightly less accurate manner. The United States Environmental Protection Agency (EPA) does not license radon testers. However, a federal statute authorizes the EPA to advise on the accuracy of various methods of radon testing and to provide to the general public a list of testers that use methods it believes to be reasonably accurate. A recently established firm in the state uses a testing method that the EPA has stated is reasonably accurate. The firm is also included by the EPA on the list of testers using methods of testing it believes to be reasonably accurate. The firm applies for a state radon- testing license, but its application is denied because the firm cannot demonstrate that the method it uses to test for radon is sufficiently accurate to meet the rigorous state statutory standards. The firm sues appropriate state officials in federal court claiming that the state may not constitutionally exclude the firm from performing the required radon tests in the state. Who will the court likely rule in favor of in this suit?

State A requires commercial airlines to pay an annual property tax based on the value of the airline's fleet of planes that operate in the state. The tax is calculated by multiplying the percentage of the airline's annual arrivals and departures in the state by the fleet's overall value. The airline's fleet of planes is based in State B. Ten percent of the airline's annual arrivals and departures occur in State A. The airline has sued to challenge the State A tax, arguing that it is unconstitutional. Is the state tax likely constitutional?

In recent years, several large corporations incorporated and headquartered in State A have been acquired by out-of-state corporations that have moved all of their operations out of State A. Other corporations incorporated and headquartered in State A have successfully resisted such acquisition attempts by out-of-state corporations, but they have suffered severe economic injury as a result. In an effort to preserve jobs in State A and to protect its domestic corporations against their sudden acquisition by out-of-state purchasers, the legislature of State A enacts a statute governing acquisitions of shares in all corporations incorporated in State A. This statute requires that any acquisition of more than 25% of the voting shares of a corporation incorporated in State A that occurs over a period of less than one year must be approved by the holders of record of a majority of the shares of the corporation as of the day before the acquisition of those shares commences. The statute expressly applies to acquisitions of State A corporations by both in-state and out-of-state entities. Assume that no federal statute applies. Is this statute of State A constitutional?

A state statute requires corporations located in the state to pay a use tax on equipment they purchased out-of-state for in-state use. The statute specifies that the use-tax rate is the same as the state's sales-tax rate for in-state equipment purchases. The statute also provides tax credits to corporations in the amount of the sales or use tax they paid on the same equipment in other states. A construction company that builds homes in the state has refused to pay the state's use tax on equipment it purchased outside the state. The company has sued to challenge the state tax, arguing it is unconstitutional. Is the state tax likely constitutional?

A state statute requires each insurance company that offers burglary insurance policies in the state to charge a uniform rate for such insurance to all of its customers residing within the same county in that state. So long as a company complies with this requirement, it is free to charge whatever rate the market will bear for its burglary insurance policies. An insurance company located in the state files suit in federal district court against appropriate state officials to challenge this statute on constitutional grounds. The insurance company wishes to charge customers residing within the same county in the state rates for burglary insurance policies that will vary because they would be based on the specific nature of the customer's business, on its precise location, and on its past claims record. How should the court rule in this suit?

A toy manufacturer that has its headquarters and sole manufacturing plant in a particular state has developed a "Martian" toy that simulates the exploration of Mars by a remote- controlled vehicle. It accurately depicts the Martian landscape and the unmanned exploratory vehicle traversing it. The toy is of high quality, is safe and durable, and has sold very well. Other toy manufacturers, all located outside of the state, have developed similar toys that are lower in price. These manufacturers have contracts to sell their Martian toys to outlets in the state. Although these toys are safe and durable, they depict the Martian landscape less realistically than the toys manufactured in the state. Nevertheless, because of the price difference, sales of these toys have cut severely into the sales of the Martian toys manufactured in the state. The state legislature has recently enacted a law "to protect the children of this state from faulty science and to protect in-state toy manufacturers from unfair competition." The law forbids the sale in the state of any toy that purports to represent extraterrestrial objects and does not satisfy specified scientific criteria. The Martian toy manufactured in the state satisfies all of these criteria; none of the Martian toys of the competing manufacturers meet the requirements. Is the state law constitutional?

Small retailers located in a state are concerned about the loss of business to certain large retailers located nearby in bordering states. In an effort to deal with this concern, the state legislature enacted a statute requiring all manufacturers and wholesalers that sell goods to retailers in the state to do so at prices that are no higher than the lowest prices at which they sell them to retailers in any of the bordering states. Several manufacturers and wholesalers that are located in bordering states and that sell their goods to retailers in the state bring an action in federal court to challenge the constitutionality of this statute. Which of the following arguments offered by these plaintiffs is likely to be most persuasive in light of applicable precedent?