Discuss whether this provision of the draft bill reflects a valid exercise of Congress’ Constitutional powers and why.
Discuss whether this provision of the draft bill reflects a valid exercise of Congress’ Constitutional powers and why.
June 18, 2020 Comments Off on Discuss whether this provision of the draft bill reflects a valid exercise of Congress’ Constitutional powers and why. Uncategorized Assignment-helpQuestion 1 (total of 10 points)A recent study shows that more than half of the eggs tested from chickens kept in community hen houses and private homes in urban areas have detectable levels of lead, unlike store-bought counterparts. While lead is a naturally occurring element that is ingested in a variety of ways, it has been well established to be harmful to humans, even in very low amounts. Research shows that it takes just a small amount of lead to poison a child, and that lead poisoning can cause learning defects in children. Urban chicken keepers who raise chickens in their backyards or in community hen houses have little way of knowing whether their eggs might be lead-contaminated unless the eggs are tested. A. Suppose a U.S. Senator would like to introduce the “Lead-Free Chicken Act” in Congress to address this issue. The major provisions of the draft bill are as follows:1.A provision that Congress will withhold federal education funding for states that do not establish a lead screening program for eggs coming from chickens kept in community hen houses and private homes in urban areas. The amount of the federal withholding will be determined on a state-by-state basis, proportionate to the number of chickens found to be raised in community gardens and private homes within the state. Discuss whether this provision of the draft bill reflects a valid exercise of Congress’ Constitutional powers and why.2.A provision requiring that each state must pass a law banning the sale of eggs produced from urban chicken keepers if those eggs have not been screened for lead. Under this provision, states must also implement an inspection program of community hen houses and private homes that keep chickens to monitor urban chicken keeper compliance with lead screening programs. Discuss whether this provision of the draft bill reflects a valid exercise of Congress’ Constitutional powers and why.B.Raising chickens has become popular among young urban professionals in Brooklyn, NY, one of the 5 boroughs that comprise New York City. The New York City Council supports the idea of a federally mandated inspection program but wants to take action without delay. They pass their own law requiring both the inspection of community hen houses and private homes that keep chickens and include their own monitoring and inspection program to ensure urban chicken keepers are in compliance with the lead screening program. The monitoring and inspection program includes unannounced warrantless inspections. The executive agency in charge of implementing and enforcing the program decide to focus the majority of their enforcement efforts in Brooklyn, particularly in the neighborhood of Williamsburg. Discuss if NYC has the authority to pass this law and whether the City’s executive branch can 1) conduct warrantless inspections and 2) has the discretion to focus enforcement in Brooklyn and why.Exam Question # 2 (6 points)The state of Candyland requires all children attending any school in the state to be fully vaccinated in order to attend. The law contains a religious exemption for families with “genuinely held” religious beliefs who do not wish to vaccinate their children. To qualify for the exemption, parents must hold membership in an organized religion that has written tenets prohibiting invasive medical procedures such as vaccination. If parents choose to exercise their right to religious exemption to vaccination for their children, the law requires families to defend it, and explain their religious or spiritual beliefs in their own words in a certified letter to the school board.A group of parents who identify themselves as being part of “earth-based religions” (Wicca, paganism, world pantheism, etc.) refuse to get their children vaccinated, asserting the requirement runs counter to their religious beliefs. The group insists that the law is unfair and feels it violates their privacy. The parents have come asked you to advise them whether there might be any grounds to challenge the religious exemption as unconstitutional or find some other way to avoid getting their children permitted to attend school without vaccinations. Identify each issue and analyze separately. For all issues discussed be sure to state the issues, the applicable rule, and apply the rule to these facts using analogous case law.Exam Question # 3 (6 points)Eliza Schuyler was driving in the right lane of a state highway late at night. Traveling the speed limit, she rounded a corner and was horrified to see a truck parked in the lane ahead of her. She slammed on the brakes but there was no way she could stop in time, and she rammed into the back of the truck. The truck belonged to a George Eeker, who had run out of gas and left the truck where it died when he walked off for help. You are Eliza’s attorney and are suing George Eeker for his irresponsible behavior. Do you think she will prevail?