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CONSTITUTIONAL LAW EXAM MODEL ANSWER DAVID DIYITFURTH SPRING, 1998 [The following model answers were taken largelyfrom students’ responses to the exam questions 1 have added and subtracted material as Ideemed necessary ] 1 The Equal Protection Clause of the 14th Amendment (EPC) prohibits government from denying anyperson equal protection of
The challenge to this law initially presents a commerce clause claim A non-protectionist state law that incidentally burdens interstate commerce is constitutional provided it addresses a legitimate state concern and does not impose a burden on interstate commerce that clearly exceeds the safety benefits Pike v
challenges and 2) wrote the best analysis using case law to guide that analysis Several students wrote rules with no case law; this is unacceptable in constitutional law, which is based on cases Good analysis requires you to apply the law to the facts There were many facts in all the questions
on certain open constitutional questions Your answers were evaluated on how well you articulated and support the position you took on whichever question you elected to answer Question I 1 This question called on you to spot a number of potential constitutional issues concerning
Commonwealth Constitutional Law 2nd Semester 2011 How to Use this Script: These sample exam answers are based on problems done in past years Since these answers were written, the law has changed and the subject may have changed Additionally, the student may have made some mistakes in their answer, despite their good mark
Title 5, US Code Sec 556(d), Sec 557, Sec 706: Courts lose jurisdiction if they do not follow Due Process Law Title 18, US Code Sec 2381: In the presents of two or more witnesses of the same overt act, or in a open court of law, if you