Q1. The answer is C (Yes, because Article III permits the Congress to convert final decisions into advisory opinions). It is constitutional for the Congress to pass a statute that allows cases relating to federal taxes on which federal courts has rendered final decisions to be reopened in certain situations. The constitution gives the Congress the legislative authority to regulate the structure, administration, and jurisdiction of the courts, even though such oversight role may sometimes result in a conflict of interest between these two arms of government. Since the issue taxation affects the lives of almost everyone in the country, the Congress has the legal powers to pass a statute that allows cases relating to federal tax cases on which the federal courts have rendered final decisions to be reopened in certain situations since they represent the electorate who are affected by these federal tax laws.
Q2. The answer is A (An issue of Senate advice and whether the Senate properly performed its duty is a non-justifiable political question). Article II, section 2 gives the president the power to make a treaty by and with the advice and consent of the Senate. The Senate, however, is required to vote before the final decision on the treaty is taken to the president for state action. The law requires that at least two-thirds of the Senate members must vote to either support or reject a treaty to be taken by the president. The law, however, does not clarify whether the Senate must discuss the treaty before a vote is taken; hence, the Senate can encounter the suit filled the farmers in court that the fact they failed to debate the issue is non-justifiable and is a matter of political question and not a legal issue.
Q3. The answer is A (Yes, the Freedom of information Act allows such information to be revealed). The Freedom Information Act (FOIA) gives individuals the right to request and access federal agency records or information except to the extent that the information contained in those records are protected from disclosure by any of the nine exemptions provided in the law or by one of three special law enforcement record exclusion. Since the information that the consumers are requesting is not related to security of the country or has nothing to do with nine exemptions, but rather touches on matters of the automobiles and their prices, it is the right of the consumers to request and access the information.
Q4. The answer is C (Quash the subpoena owing to the separation of powers principles). The constitution grants the President of the US and any other executive members the executive privilege to resist some subpoenas and legislative or judicial interventions in pursuit of information which may be deemed to be personal.The president has the right to move to court to quash the subpoena which required him to indulge essential details concerning the agreement he had with the auto-industry members. The executive privileges are aimed at enhancing the separation of powers between the executive, judiciary, and the legislature.
Q5. The answer is D (No, there is no constitutional basis for the President to refuse to allocate funds whose expenditure Congress has expressly mandated. The Congressional Budget and Impoundment Control Act of 1974 gives Congress the right to recommend funding levels for every fiscal year, beginning October 1. The final recommendation by the Congress is final and all the President can do is only to sign it to make it legally binding. Hence, the president is deemed to have acted against the constitution by refusing to allocate the funds the Congress had already earmarked for promoting the Help America Vote Campaign.
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