CONS 127 MIDTERM LATEST
EXAM W1- REQUIRES
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In 1977, the President appointed a delegation to enter negotiations with
representatives of the Canadian government to study the problem of
preventing the extinction of certain species of seals in the North pacific
waters bounding Alaska and the Canadian provinces. The delegation's
goal was two-fold: to study the problem and to formulate regulations in
a bilateral agreement which would protect the endangered species and
provide for a permanent commission that would continually monitor
enforcement of the proposed regulations. After compiling their findings
and drafting the necessary regulation, the US President and the Canadian
Prime Minister enter into a treaty to form a permanent commission to
oversee the problem and to grant it the necessary enforcement powers.
The validity of this treaty would most likely be upheld under which of
the following principles? - ANSWERS-The treaty making power but
only if the treaty is ratified by two-thirds of the Senate.
Assume for the purposes of this question only that after the treaty goes
into effect, the State legislature of Alaska enacts a statute which
provides that "any licensed seal-hunter in the State and its surrounding
environs, may increase their monthly catch of seals from ten to fifteen in
each of the specified months of the authorized seal-hunting season from
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, CONS 127 MIDTERM LATEST
EXAM W1- REQUIRES
RESPONDUS
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the first day of October until the last day of February." The enactment of
the statute would most likely be declared? - ANSWERS-
Unconstitutional. Because all treaties "which shall be made under the
authority of the US are the Supreme Law of the Land.
Due to an extreme shortage of natural gas, and without waiting for
Congress to act, the President declares an emergency and orders federal
officers to take possession of all available gas storage tanks and to
supervise a program of allocations drawn up by the president. The
owners of the gas challenge the seizure on the grounds that the President
has no such power. In whose favor should the Court rule? - ANSWERS-
The Court should rule in favor of the gas owners. Using Youngstown
Sheet & Tube Company v. Sawyer, it is private property and the
President would need to be authorized by Congress, and because he
acted without congressional authorization, he made law rather than
executing law.
The President signs a treaty with Candyland, that provides that family
members of American soldiers stationed in Candyland can be court-
martialed by the army for crimes they commit. Congress ratifies the
treaty. Private Partz is stationed in Candyland, and his wife, Chicken, is
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, CONS 127 MIDTERM LATEST
EXAM W1- REQUIRES
RESPONDUS
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court-martialed under the treaty for armed robbery. She challenges the
validity of the treaty. Is the treaty valid? - ANSWERS-No. Chicken is a
civilian, so she must have all the rights afforded by the US Constitution
and she is not a member of the armed forces.
The President unilaterally terminates a treaty with a foreign nation. US
Senator Darn brings an action in federal court alleging that the President
does not have the power to do such a thing? How will the court respond?
- ANSWERS-The Court would respond that this is a political question,
because the President is the sole voice of foreign affairs.
Congress enacted a statute providing that where a person challenges a
state energy law on the ground that it is in conflict with the federal
constitution, he/she may appeal a decision by any state court upholding a
state energy law against a challenge based on the federal constitution
directly to the US Supreme Court. - ANSWERS-Constitutional, because
Congress may establish the manner by which the appellate jurisdiction
of the US Supreme Court is exercised
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EXAM W1- REQUIRES
RESPONDUS
LOCKDOWN BROWSER
In 1977, the President appointed a delegation to enter negotiations with
representatives of the Canadian government to study the problem of
preventing the extinction of certain species of seals in the North pacific
waters bounding Alaska and the Canadian provinces. The delegation's
goal was two-fold: to study the problem and to formulate regulations in
a bilateral agreement which would protect the endangered species and
provide for a permanent commission that would continually monitor
enforcement of the proposed regulations. After compiling their findings
and drafting the necessary regulation, the US President and the Canadian
Prime Minister enter into a treaty to form a permanent commission to
oversee the problem and to grant it the necessary enforcement powers.
The validity of this treaty would most likely be upheld under which of
the following principles? - ANSWERS-The treaty making power but
only if the treaty is ratified by two-thirds of the Senate.
Assume for the purposes of this question only that after the treaty goes
into effect, the State legislature of Alaska enacts a statute which
provides that "any licensed seal-hunter in the State and its surrounding
environs, may increase their monthly catch of seals from ten to fifteen in
each of the specified months of the authorized seal-hunting season from
END OF
PAGE
1
, CONS 127 MIDTERM LATEST
EXAM W1- REQUIRES
RESPONDUS
LOCKDOWN BROWSER
the first day of October until the last day of February." The enactment of
the statute would most likely be declared? - ANSWERS-
Unconstitutional. Because all treaties "which shall be made under the
authority of the US are the Supreme Law of the Land.
Due to an extreme shortage of natural gas, and without waiting for
Congress to act, the President declares an emergency and orders federal
officers to take possession of all available gas storage tanks and to
supervise a program of allocations drawn up by the president. The
owners of the gas challenge the seizure on the grounds that the President
has no such power. In whose favor should the Court rule? - ANSWERS-
The Court should rule in favor of the gas owners. Using Youngstown
Sheet & Tube Company v. Sawyer, it is private property and the
President would need to be authorized by Congress, and because he
acted without congressional authorization, he made law rather than
executing law.
The President signs a treaty with Candyland, that provides that family
members of American soldiers stationed in Candyland can be court-
martialed by the army for crimes they commit. Congress ratifies the
treaty. Private Partz is stationed in Candyland, and his wife, Chicken, is
END OF
PAGE
2
, CONS 127 MIDTERM LATEST
EXAM W1- REQUIRES
RESPONDUS
LOCKDOWN BROWSER
court-martialed under the treaty for armed robbery. She challenges the
validity of the treaty. Is the treaty valid? - ANSWERS-No. Chicken is a
civilian, so she must have all the rights afforded by the US Constitution
and she is not a member of the armed forces.
The President unilaterally terminates a treaty with a foreign nation. US
Senator Darn brings an action in federal court alleging that the President
does not have the power to do such a thing? How will the court respond?
- ANSWERS-The Court would respond that this is a political question,
because the President is the sole voice of foreign affairs.
Congress enacted a statute providing that where a person challenges a
state energy law on the ground that it is in conflict with the federal
constitution, he/she may appeal a decision by any state court upholding a
state energy law against a challenge based on the federal constitution
directly to the US Supreme Court. - ANSWERS-Constitutional, because
Congress may establish the manner by which the appellate jurisdiction
of the US Supreme Court is exercised
END OF
PAGE
3
