Conlaw MC

The text of the Religion Clause(s) of the First
Amendment forbids _________ from prohibiting the free exercise of religion

A) The federal government
B) Government, both state and local
C) Congress
D) Legislatures, both state and federal

In Marbury v. Madison, the SC held that

A) Marbury was not entitled to his commission because as the Secretary of State, Madison had the discretion whether to deliver the commission
B) Marbury was not entitled to his commission because the SC lacked jurisdiction to grant him relief.
C) Marbury was entitled to his commission
D) Marbury was entitled to his commission but the Court lacked jurisdiction to grant relief

In Marbury v. Madison, the SC found the
authority to review – and to hold unconstitutional-acts of Congress in

A) The oath taken by the members of the SC when being sworn in as justices
B) The nature of the judicial power and the nature of the Constitution as a type of law coupled with the oath taken
C) The Supremacy Clause of Article VI of the Constitution
D) The express powers of judicial powers granted in Article III of the Constitution

In Buck v. Bell, the court held that

A) Neither the 14th Amendment's due process clause nor the 14th Amendment's EP clause prohibited the state from sterilizing Carrie Buck
B) Sterilizing Carrie Buck violated the 14th Amendment's due process clause
C) Sterilizing Carrie Buck violated the 14th Amendment's EP clause
D) Carrie Buck must be sterilized

Pursuant to doctrines of constitutional construction, the Supreme Court

A) If reasonable, interprets statutes to create constitutional questions that cab then be solved by the Court
B) If reasonable, interprets statutes to create constitutional questions as a means for challenging and checking Congress' authority
C) Selects the most plausible interpretation of a statute
D) If reasonable, interprets statutes to save the statute from constitutional infirmity

The Anti-Feds opposed the Constitution in part because

A) The Constitution follows the British model of judicial authority, a model that is inappropriate for a new nation asserting its independence from Britain
B) The SC will understand itself to be bound by the struck letter of the law and will not interpret the Constitution according to the spirit with which it was adopted
C) The Constitution fails to give the federal courts, including the SC, adequate authority to strike down laws and executive actions that contravene the Constitution
D) The Constitution fails to provide adequate controls on the judiciary, especially the SC

The Federalist responded to the Anti-Federalist
arguments concerning the judiciary by arguing

A) That a strong judiciary was necessary to adapt the Constitution to the times
B) The case for the British model of judicial authority
C) That the judiciary, including the SC, lacked the political tools to impose its will on the nations
D) That a strong judiciary was necessary to prevent tyranny by the majority

Which of the following most
closely resembles the test used by Chief Justice Marshall and the Supreme Court
in McCulloch v. Maryland:

A) An act of Congress is constitutional only if the means chosen by Congress are rationally related to a legitimate end of Congress
B) An act of Congress is constitutional only if the means chosen by congress are rationally related to an important end of Congress
C) An act of Congress is constitutional only if the means chosen by Congress are substantially related to an important end of Congress
D) Given the "necessary and proper" clause, congressional powers are so broad that the SC will only strike down an act of Congress that violates an express constitutional provision

According to _____, Congress would have some choice of means even if the “necessary and proper” clause had not been added to the
Constitution.

A) Neither Marshall nor Madison
B) Congressman James Madison
C) Chief Justice Marshall
D) Both Marshall and Madison

The Constitution explicitly gives Congress the
power to?

A) Create neither a corporation nor a bank
B) Create a corporation
C) Create both corporations and banks, including incorporating a bank
D) Create a bank

Which of the following is an argumentthat C.J. Marshall did not make in McCulloch v. Maryland?

A) The “necessary and proper” clause should be read broadly because it is in a section of the Constitution that grants Congress power.
B) The lack of the word “expressly” in the 10th Amendment adds to the argument that Congress has broad means to carry out its assigned ends.
C) Congressional precedent counsels the Court to defer to congressional judgment concerningthe constitutionality of the bank.
D) Judicial precedent counsels the Court to defer to congressional judgment concerning the constitutionality of the bank

In McCulloch, the SC held that

A) Maryland could tax the Bank of the US so long as the Bank was physically located within Maryland's sovereign territory
B) Maryland lacked the power to tax banks
C) Maryland could tax the Bank of the US so long as Congress had not prohibited the tax
D) Maryland lacked the power to tax the Bank of the US

Which facts are relevant to the SC's holding in Dred Scott?

a) That Dred Scott was taken into the free State of Illinois
b) That Dred Scott was taken into the free Wisconsin territory
c) That Dred Scott resided in Illinois and Wisconsin
d) None of the above

Which issue was dispositive in Dred Scott?

A) Can the Declaration of Independence be interpreted to deny blacks rights?
B) Can Dred Scott be set free merely by being taken into a free state?
C) Can Congress legislate freedom for slaves?
D) Can Dred Scott sue in federal court?

According to CJ Taney, in Dred Scott, the Due Process Clause of the Fifth Amendment:

A) Requires that Congress pass a law before it can regulate slavery in the territories
B) Requires the abolition of slavery in order to protect the liberty interests of slaves
C) Requires allowing slave owners the ability to import slaves into the territories in order to protect the liberty interests of the slave owners
D) Requires only procedural protection prior to the government's taking of liberty or property

The Court in Gibbons v. Ogden said 

A) That the powers of Congress ought to be narrowly construed to protect the rights and liberties of individuals
B) That the powers of Congress ought to be broadly construed because the US had a vast obligation as a sovereign state
C) That the powers of Congress ought to be broadly construed because the US government is superior to state governments
D) That the powers of Congress ought to be narrowly construed because the US government is one of limited and enumerated powers

According to the Court in Gibbons v. Ogden, the power to lay duties and imports is part of the

A) The Taxing Power
B) The power to punish
C) War power
D) The Commerce Power

In crafting out governmental structure, the framers were most concerned about

A) Controlling state legislatures
B) Controlling minority tyranny
C) Controlling majority tyranny
D) Controlling factions

According to the framers, factions are controlled by

a) Separation of Powers
b) Checks and balances
c) Federalism
d) All of the above

According the Scap, the framers operated from an anthropology rooted in

A) Zoroastianism
B) The Enlightenment
C) Christianity
D) Mixture of Enlightenment and Christianity

In US v. Morrison, the Court concluded

A) Congress lacks the power to punish noneconomic violent crime based solely on the conduct's aggregate effect on interstate commerce
B) Congress lacks the power to punish violent crime
C) Congress lacks the power to punish crime
D) Congress lacks the power to punish noneconomic violent crime unless the conduct substantially affects interstate commerce in the aggregate

According to the Court in E.C. Knight (sugar refining case)

a) Congress lacks the power to regulate but not suppress monopolies
b) Congress lacks the power to suppress but not regulate monopolies
c) Congress lacks the power to both suppress and regulate monopolies
d) None of the above

The Court in Champion v. Ames (lottery case) held that the power to regulate commerce

A) includes the power to prohibit sales of lottery tickets
B) includes the power to prohibit IC, at least where the goods being shipped are immoral or noxious
C) includes the power to regulate all interstate activity
D) includes the power to prohibit IC, but only if there is a congressional finding that the article of commerce is immoral or noxious

In Wickard v. Filburn, the Court concluded that Congress' power to regulate IC

A) extends to local activity but only if that activity has a direct affect on IC
B) extends to local activity even if that activity is not regarded as commerce if it exerts a substantial effect on IC
C) extends to local activity but only if that activity is commercial in nature
D) extends to local activity of a commercial nature whether or not it exerts a substantial effect on IC

In US v. Lopez, the Court held that possession of a gun near a school

A) Is not, without more, an economic or commercial activity, and therefore, is beyond Congress' commerce power even if it substantially affects IC
B) Does not, in an individual instance, substantially affect IC
C) Is in every instance a purely local crime, which can only be prosecuted by state authorities
D) Does not, even when aggregated with all other guns near schools, substantially affect IC

In NFIB v. Sebelius, CJ Roberts concluded that the individual mandate was

A) NOT a tax
B) A tax
C) A capitation tax
D) Both a tax and not a tax

Can Congress constitutionally nationalize health care with a single payer system?

A) No, only state can enact single payer health care systems
B) Yes, under the power to tax and spend for the general welfare
C) No, because our Constitution comtemplates free market capitalism

In NY v. US the Court held that Congress can

A) Authorize states to restrict IC
B) Offer monetary incentives to encourage the states to adopt certain policies
C) Require states to adopt certain policies
D) Offer monetary incentives to states to encourage the states to adopt certain policies and authorize states to restrict IC

In Gonzales v. Raich (medical marijuana), the Court used

A) The strict scrutiny test
B) The intermediate scrutiny test
C) The rational basis test
d) None of the above

In Gonzales v. Raich, the Court held that local noncommercial activity could be regulated by Congress

A) As long as regulating the activity had a direct and substantial effect on the interstate market
B) As long as the regulated activity had a substantial effect on the interstate market
C) As long as the regulated activity is part of a comprehensive regulatory scheme, which would be undermined if the local noncommercial activity was not regulated
D) As long as regulating the activity is vital to our national interests

In Kassel v. Consolidated Freight, the Court concluded that

A) Iowa was discriminating against out of state interests
B) Iowa was discriminating against interstate state commerce
C) The burden imposed on IC by Iowa's truck length limit outweighed Iowa's safety concerns
D) Iowa's safety concerns with limiting truck length outweighed the burden on IC imposed by the limit

New Jersey's ban on out of state trash was

A) A constitutional use of the state's police power because trash, like other noxious materials, are not subject to the dormant commerce clause
B) An unconstitutional burden on IC
C) A constitutional use of the state's police powers despite the incidental burden on commerce
D) An unconstitutional discrimination against IC

In Youngstown Sheet & Tube, the Court concluded that

A) The federal government may not seize US industry to prevent work stoppage due to a labor dispute unless such seizure is essential to aid in congressionally declared war
B) The federal government has no power to seize US industry to prevent work stoppage due to a labor dispute
C) The federal government can only seize US industry to prevent work stoppage due to a labor dispute if Congress expressly sanctions the seizure
D) The federal government may not seize US industry to prevent work stoppage due to a labor dispute if Congress has expressly or impliedly denied the President that authority

The Court, in Morrison v. Olson, concluded that the Independent Counsel was

A) An Inferior Officer because appointed by the Attorney General
B) An Officer because she could be removed by members of the judiciary
C) An Officer because of her broad role and discretion
D) An inferior officer because could be removed by the Attorney General

The Court, in Morrison v. Olson, assumed that the Independent Counsel was engaged in

A) Exec/QE & Jud/QJ, but not Leg/QL
B) E, L, & J
C) Exec/QE activity only
D) Exec/QE activity & Leg/QL activity, but not Jud/QJ activity

In INS v. Chadha, the Court concluded that one house legislative vetoes

A) Violate the Constitution's requirements of bicameralism and presentment
B) Violate the Constitution's presentment requirement but not the bicameralism requirement
C) Are constitutional so long as the authorization for the legislative veto is embedded in an Act passed by both houses of Congress and signed by the President
D) Violate the Constitution's bicameralism requirement but not the presentment requirement

Which of the following is NOT true

A) Congress can require the President to obtain congressional consent before removing an Officer of the US id the Office is of particular interest (Ex. Director of CIA) to Congress
B) Congress can weaken the president's control over the administrative apparatus by limiting the President's power to remove agency heads
C) Congress can delegate quasi-legislative functions to the president or agencies as long as the enabling legislation provides a guiding principle
Congress can delegate quasi-judicial functions to executive agencies

In Chadha, the majority characterized Congress' veto of Chadha's suspension of deportations as

A) Administrative in nature
B) Executive in nature
C) Legislative in nature
D) Judicial in nature

The Court in Korematsu v. US said

A) Race based laws are subject to rational basis review
B) Race based laws are subject to strict scrutiny
C) Race based laws are subject to intermediate scrutiny
D) Race based laws are subject to ad hoc balancing

The Court, in Free Enterprise Fund v. Public Co. Acct. Oversight Bd., held that Congress lacked the authority to create "dual for-cause limitations" on the removal of agency official because

A) The unitary Executive requires that the President have the authority to remove agency heads
B) The need for public accountability limits Congress' authority to create "dual for-cause limitations" on the removal of agency officials
C) The requirement that the President "take care" that the laws are faithfully executed requires that the President have the authority to remove agency heads

As we learned in Williamson v. Lee Optical, the default rule in equal protection cases places the burden on

A) The challenger to demonstrate that the law is not rationally related to a legitimate government interest
B) The challenger to demonstrate that the law is not necessary to achieve a compelling state interest
C) The state to demonstrate that the law is rationally related to a legitimate government interest
D) The state to demonstrate that the law is necessary to achieve a compelling state interest

When applying rational basis review, the Court will

A) Strike down any classification that is over- or under- inclusive
B) Defer to the lawmaker as to the end but not as to the means
C) Closely examine the nexus between the law's stated ends and the means chosen to effectuate the end
D) Defer to the lawmaker, inferring the ends from the means

According to the Civil Rights Cases, Congress has the power-pursuant to Section 5 of the 14th Amendment-to regulate

a) Privately owned inns and railroads
b) Privately owned amusement parks
c) Interstate Commerce
d) None of the above

According to Yick Wo v. Hopkins, state and local governments lack the authority to

A) Discriminate against the Chinese in the licensing of wooden laundries
B) Discriminate against US citizens of Chinese descent in the licensing of wooden laundries
C) Regulate laundries
D) Discriminate against those who operate laundries in wooden structures

In Plessy v. Ferguson, the Court held that

A) Prives RRs did not have to comply with the 5th Amendment's EPC
B) Private RRs did not have to comply with the 14th Amendment's EPC
C) A state law requiring RRs to separate passengers by race satisfied the EPC of the 14th Amendment
D) A state law requiring RRs to separate passengers by race satisfied the EPC of the 5th Amendment

Where the challenger alleges that the law should be struck down under the EPC on the basis of race, the Court will apply strict scrutiny if

A) The law explicitly discriminated based on race and the law was adopted for a discriminatory purpose and the law was implemented in a purposefully discriminatory fashion
B) The law explicitly discriminates based on race and the law was adopted for a discriminatory purpose
C) The law has a discriminatory effect and it explicitly discriminates based on race
D) The law explicitly discriminates based on race

If the District of Columbia discriminate based on race, the discriminatory practice will be struck down under

A) The 14th Amendment's EPC
B) The 14th Amendment's Due Process Clause
C) The 5th Amendment's Due Process Clause
D) The 5th Amendment's EPC

When a state adopts an affirmative action program based on race, the burden will be on

A) The State to demonstrate that the action is substantially related to important governmental interests
B) The State to demonstrate that the action is necessary to achieve compelling state interests
C) The challenger to show that the action was not necessary to achieve compelling state interests
D) The State to demonstrate that the action is rationally related to legitimate government interests

A state can employ affirmative action in admitting students to law school in order to

A) Ensure that minority communities will have their own lawyers
B) Reduce the historic deficit of traditionally disfavored minorities in law schools
C) Rectify past societal discrimination that made it harder for minorities to attend law school
D) Create a diverse learning environment for the law school

If Methodist run OCU employs racial quotas in its admission process to favor racial minorities, an applicant wishing to challenge the law would argue that OCU's law school violated the

a) 14th Amendment's EPC
b) 13th Amendment's prohibition on slavery and the badges and incidents of slavery
c) 5th Amendment's DPC
d) None of the above

When the government classifies along gender/sex lines, the Court places the burden on

A) The state to demonstrate that the law is necessary to achieve a compelling state interest
B) The state to demonstrate that the law is substantially related to an important government interest
C) The state to demonstrate that the law is rationally related to a legitimate government interest
D) The challenger to demonstrate that the law is not rationally related to a legitimate government interest

When the government classifies in a way that singles out the mentally retarded, the Court places the burden on

A) The state to demonstrate that the law is necessary to achieve a compelling state interest
B) The state to demonstrate that the law is substantially related to an important government interest
C) The state to demonstrate that the law is rationally related to a legitimate government interest
D) The challenger to demonstrate that the law is not rationally related to a legitimate government interest

According to the Court, classifications based on sexual orientations are

A) Quasi-suspect because although homosexuals have suffered discrimination, etc., there are inherent differences between heterosexuals and homosexuals
B) Not subject to equal protection analysis at all
C) Not identified as suspect or quasi-suspect
D) Suspect because homosexuals have historically suffered discriminations, are politically powerless, and have immutable characteristics

The Court has concluded that the 14th Amendment's Privileges and Immunities Clause protects citizens in the enjoyment of

A) All rights which belong to citizens of all free governments
B) All rights that the citizens of the US enjoyed at the time of the Constitution's adoption
C) All natural rights
D) A limited number of rights, such as the right to peaceable assemble

Section One of the 14th Amendment 
 1 Grants citizenship to all person born in the United States   
2 Grants citizenship to most persons born in the United States 
3  Prohibits States from denying any person equal protection of  the laws   
4 Prohibits States from abridging the privileges and immunities of citizens of the United States

A) 2, 3, & 4
B) 1 & 4
C) 1, 3, & 4
D) 1 & 3

Is it unconstitutional for Congress to hire a chaplain?

Is it unconstitutional for the SC to start every session with "God save this honorable Court"?

Is it unconstitutional for a school district to allow student led prayer before football games?

Is it unconstitutional fir a city council to start each session in prayer?

Does the Judiciary Act of 1789 clearly give the SC original jurisdiction? (Marbury v. Madison)

Does the constitution EXPLICITLY grant the judiciary the power to review and strike down acts of Congress?

Is the presence of the Necessary and Proper Clause essential to Marshall's conclusion that Congress has the power to incorporate a bank? (McCulloch v. Maryland)

For the purposes of deciding the case, the SC assumed that Dred Scott was

a) A Slave
b) A Free Person

Does the court provide an adequate limiting principle to put some local activity beyond federal reach?

What is the purpose (end) of the Fair Labor Standard Act? (US v. Darby)

A) To promote a certain standard of living
B) To regulate purely local activity
C) To regulate interstate commerce

The issue in EC Knight is whether Congress can

A) Directly suppress monopolies in manufacturing
B) Suppress monopolies by imposing criminal sanctions
C) Suppress monopolies in manufacturing
D) Suppress monopolies

Is the CSA challenged (Gonzales v. Raich)

A) As applied in this case
B) In its entirety as beyond Congress' commerce power
C) In its classification of marijuana as a Schedule 1 drug

Did the majority disagree with the dissent's conclusion that there is a rational basis for concluding that guns near schools substantially affect IC? (US v. Lopez)

What factor was central to the Court's Morrison holding?

A) Lack of congressional fact-finding
B) Lack of economic activity
C) Lack of jurisdictional statement
D) Lack of substantial affects

Which of these conclusions did the Court reach in NY v. US?

A) Congress has the right to restrict interstate transportation of radioactive waste
B) Congress has the right to authorize states to restrict the importation of radioactive waste from other states
C) States have the right on their own initiative to restrict the importation of radioactive waste from other states
D) Both Congress answers

Does the state of Oklahoma have a unitary executive?

The Court held that the Independent Counsel Act did not violate (Morrison v. Olson)

a) The Appointments Clause of Art. II
b) The limitations of Article III
c) The constitutional principle of separation of powers
d) All of the above

Can Alaska require purchasers of its state owned timber to process that timber in state owned saw mills?

A) Yes, as owner of both the timber and the saw mill, Alaska is a market participant
B) No, Alaska cannot burden IC without a legitimate local concern that outweighs the burden
C) The answer is unclear and would depend on what the court considered the relevant market
D) No, Alaska cannot discriminate against IC

Could Congress make the Department of Agriculture and Education independent agencies?

Could Congress make the Department of Justice, State, or Defense independent agencies?

Congress enacts legislation creation the National Airline Corporation, which is to hold exclusive rights to operate airlines within the US. The Corporation is to be governed by a board of directors including directors appointed by the federal government and directors elected by stockholders. The establishment of this corporation is probably

A) Unconstitutional, but only if a court finds it is an undue burn on IC
B) Unconstitutional because the power to create corporations is solely a matter of local concern reversed for the states
C) Unconstitutional because Congress lacks the authority to create corporations
D) Constitutional because the power to create corporations is an enumerated power vested in Congress by Section 5 of the 14th Amendment
E) Constitutional because Congress may create a monopoly as a means of regulating IC under the "necessary and proper" clause

Did the Taft-Hartley Act specifically deny the President the authority to seize businesses in an emergency? (Youngstown)

Suppose instead of authorizing federal courts to determine the guilt or innocence of those remaining the the restricted area (hypo), Congress had authorized military tribunals to determine guilt or innocence. 
Suppose further that Korematsu was convicted by a military tribunal and not a federal court.
Suppose further that K filed a writ of habeas corpus asking the SC to free him from military detention. 
Under the hypothetical facts, Justice Jackson likely would have voted to

a) Overturn the military tribunal and free K
b) Uphold the military tribunal and keep him detained
c) Dismiss K's petition, leaving him in the hands of the military tribunal

Congress passes, over the President's veto, a requirement that in the future all consular staff to Afghaniran Republic below the rank of Ambassador must be chosen from a list of approved candidates drawn up by Senate.
A federal court will likely

a) Rule the law unconstitutional as violation of the separation of powers because Congress is attempting to usurp the president's authority to select federal officers
b) Strike down the law as an unconstitutional attempt by Congress to aggrandize power
c) Uphold the law as a proper check on the President's authority under the constitutional principle of checks and balances. 
d) Uphold the law as constitutional because consular staff are "inferior officers."

Would a two-house veto survive a constitutional challenge if the Court applied the Chadha opinion's logic?

Does the majority view the veto as (Chadha)

A) Legislative in nature
B) Judicial in nature
C) Executive in nature

A professor brings 35 donuts to his class with 35 students. What constitutes an equal division of the donuts?

a) 1 for each student
b) More for heavier students
c) More for lighter students
d) More for students who did not eat breakfast
e) All of the above

On what grounds did the express company challenge NY's limitation on advertising? (Railway Express Agency v. NY)

a) Due Process
b) EPC
c) DCC
d) All of the above

The Oklahoma legislature concluded that the law would lead to better eye health (Williamson v. Lee Optical)

a) True
b) False

Might it be rational to require an aerospace engineering degree when seeking to hire someone to design a fighter jet?

Might it be rational to require five years experience when seeking to hire someone to design a fighter jet?

Might it be rational to require an Asian heritage when seeking to hire someone to design a fighter jet?

The Court held that the San Francisco ordinance was unconstitutional because (Yick Wo)

A) It was adopted for a discriminatory purpose
B) It was discriminatorily applied
C) It was facially discriminatory
D) Both facially and adopted

Is racial separation inherently (in the abstract) unequal?

In Washington v. Davis, the court held that 

a) The challenger had the burden of showing that the test was not rationally related to job performance
b) The state had the burden of showing that the test was necessary to achieve a compelling state interest

Over a period of about 18 months in Laredo, Texas, along the Mexican border, some 36 Hispanic children between the ages of 4 and 17 mysteriously disappeared during late afternoon and evening hours. Subsequently, 22 were discovered to have been brutally murdered. Forensic evidence suggests that they died from drug violence, which has spilled over the border.
The city council passed an ordinance imposing a curfew on Hispanic children under 18, forbidding such children from venturing out after sunset unless accompanied by a parent, etc.
Children violating the curfew can be detained by police until their parents claim them.
Parents or guardians of children in violation of the curfew may be fined up to $500.
A group of Hispanic parents file suit in federal district court seeking to enjoin the ordinance on constitutional grounds. 
In a suit challenging the order's constitutionally, which of the following is the city's strongest argument?

a) The city may use reasonable racial classifications in an emergency.
b) The city's racial classifications are narrowly drawn to protect probably victims of crime during an emergency
c) The city's ordinance does not substantially burden any fundamental rights
d) The city has a rational basis for this exercise of traditional police powers

The Court held that the following were compelling state interests (Grutter v. Bollinger)

A) Countering and Obtaining
B) Reducing the deficit of minorities in medical practice
C) Countering the effects of past societal discrimination
D) Obtaining the educational benefits flowing from a diverse class

In Fisher, the court held that 

A) UT lacked a compelling interest in using race as a factor
B) The COA improperly applied the ends portion of SS test
C) The COA improperly applied means portion of SS test
D) UT's means were not necessary to achieve a compelling state interest

In Frontiero, did the government have a rational basis for presuming wives but not husbands were dependent?

The Court decided against the city of Cleburne finding that the city's actions were not

A) Necessary to achieve a compelling state interest
B) Rationally related to a legitimate government interest
C) Substantially related to an important state interest

Did the Louisiana legislature limit who could be a butcher? (Slaughterhouse)

At President Obama's request, Congress enacts legislation creating the National Airline Corporation, which is to hold exclusive rights to operate airlines within the US. The Corporation is to be governed by a board of directors including directors appointed by the federal government and directors elected by stockholders. The establishment of the corporation is probably

A) Constitutional because the power to create corporations is an enumerated power vested in Congress by Section 5 of the 14th Amendment.
B) Constitutional because Congress may create a monopoly as a means of regulating IC under the "necessary and proper" clause.
C) Unconstitutional because the power to create corporations is solely a matter of concern reserved to the states.
D) Unconstitutional, but only if a court finds that it is an undue burden on IC.
E) Unconstitutional because Congress lacks the authority to create corporations.

Mark McCloskey is a black man who was convicted of first degree murder and sentenced to die. In a petition for a writ of habeas corpus, McCloskey challenges the constitutionality of his death sentence. He presents a statistical study of the state's capital sentencing process prepared by a professor of statistics at a major university. The study concludes that a black man is five times more likely than a white man to be sentenced to die if convicted of a capital offense. Which of the following statements best summarizes the burden of proof that must be sustained?

A) To defeat a due process challenge, the state must show that its capital sentencing process is essential to achieve compelling interests, because the right to life is a fundamental right guaranteed by the 5th and 14th amendments.
B) Before an equal protection claim may prevail, McCloskey must show either that the state adopted the death penalty despite the foreseeable impact of the capital sentencing scheme on blacks or that the decision makers in most capital cases--judge, jury, or prosecutor--acted as a result of improper racial considerations.
C) Before an equal protection claim may prevail, McCloskey must show either that the state adopted the death penalty for an improper racial purpose or that the decision makers in his case--judge, jury or prosecutor--acted as a result of improper racial consideration.
D) Before an equal protection claim may prevail, McCloskey must show either that the state law has an adverse effect on blacks or that the decision makers in his case-judge, jury, or prosecutor--acted as a result of improper racial consideration
E) To defeat an equal protection challenge, the state must show that its capital sentencing process promotes important government objectives, because the statistics demonstrate that the capital sentencing is influenced by racial factors.