Examination number _________________


Constitutional Law, 520L

Professor Carl H. Esbeck

Winter Semester 2003

 Directions to Part II (1 hour and 10 minutes)


Write your answer in the bluebook provided. Use a pen with blue or black ink. Write on only one side of each page. Do not tear pages out of the bluebook. Do not use the pages of the bluebook for scratch paper. Do not insert your scratch paper in your bluebook.

Arrange your answers in the bluebook in sequential order; that is, put Question 1 first, then Question 2, and etc. If you want to skip over a question and come back to it later, leave a page or two blank and begin the next question.

Place your student examination number in the upper, right-hand corner of this examination. When finished, return both your bluebook and this examination.

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PART II Essay (1 hour and 10 minutes)

Question One (10 minutes): Did Bush v. Gore (2000) change the constitutional law? Explain.

Question Two (25 minutes): Assume the federal government enacted a law that prohibits all state-operated law schools from awarding a juris doctorate degree unless the student/graduate has successfully completed a minimum of eight credit hours in federal constitutional law. The same requirement is not imposed on privately operated law schools. Any such degree awarded inconsistent with this law the federal government will deem "noncomplying," the consequence being that the graduate cannot be employed as a lawyer for the federal government. The effective date of the law is for degrees awarded on or after January 1, 2005. Is this constitutional? Explain.

Question Three (15 minutes): Section 1 of the Fourteenth Amendment reads, in part, as follows:

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . ."

What do these words mean?

Question Four (20 minutes): Much is commonly made of the distinction between rights and structure. The federal government is a government of enumerated powers, and in that sense its power is limited by the Constitution's structure. However, when an individual (or association of individuals) successfully asserts a constitutional right, that too limits the power of the federal government. So just how do rights and structure really differ, if at all, with respect to the matter of limiting power?

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Return both your bluebook and this examination.