Comments on: MBE Question of the Day #39 http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/ All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review Sat, 07 Apr 2012 13:23:54 +0000 hourly 1 http://wordpress.org/?v=3.2 By: Maryann Herman http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-811 Maryann Herman Sun, 07 Feb 2010 16:51:09 +0000 http://barexambrief.com/?p=874#comment-811 Answer D is correct. A state has the power to exercise the spending power for the general welfare. The only limitation on its exercise is that a condition imposed upon the grant contain an unconstitutional condition. The restriction of the political free speech of a recipient is a restriction on the content of its speech and probably could be sustained only if the state demonstrated a compelling state interest. Answer A is incorrect. The restriction on free speech does not in any way discriminate against interstate commerce. Answer B is incorrect. There is no contract in the fact pattern that the state is attempting to cancel. Answer C is incorrect. The Fifth Amendment is not applicable to the states. Moreover, none of the restrictions in the Fifth Amendment apply to this fact pattern. Answer D is correct. A state has the power to exercise the spending power for the general welfare. The only limitation on its exercise is that a condition imposed upon the grant contain an unconstitutional condition. The restriction of the political free speech of a recipient is a restriction on the content of its speech and probably could be sustained only if the state demonstrated a compelling state interest.

Answer A is incorrect. The restriction on free speech does not in any way discriminate against interstate commerce.

Answer B is incorrect. There is no contract in the fact pattern that the state is attempting to cancel.

Answer C is incorrect. The Fifth Amendment is not applicable to the states. Moreover, none of the restrictions in the Fifth Amendment apply to this fact pattern.

]]> By: Ken http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-810 Ken Sun, 07 Feb 2010 06:08:11 +0000 http://barexambrief.com/?p=874#comment-810 d because 1st amendment issues and equal protection d

because 1st amendment issues and equal protection

]]> By: Donna http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-808 Donna Sun, 07 Feb 2010 02:31:03 +0000 http://barexambrief.com/?p=874#comment-808 The answer is D both by process of elimination and the 1st amendment right to freedom of speech. The answer is D both by process of elimination and the 1st amendment right to freedom of speech.

]]> By: Cheese http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-807 Cheese Sat, 06 Feb 2010 22:29:50 +0000 http://barexambrief.com/?p=874#comment-807 D because BV said so D because BV said so

]]> By: mimi http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-805 mimi Sat, 06 Feb 2010 21:24:19 +0000 http://barexambrief.com/?p=874#comment-805 answer D. answer D.

]]> By: Cory http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-804 Cory Sat, 06 Feb 2010 19:29:45 +0000 http://barexambrief.com/?p=874#comment-804 D. D.

]]> By: BV http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-803 BV Sat, 06 Feb 2010 18:07:16 +0000 http://barexambrief.com/?p=874#comment-803 D is correct. D is correct.

]]> By: shahin http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-800 shahin Sat, 06 Feb 2010 16:26:30 +0000 http://barexambrief.com/?p=874#comment-800 Answer D Answer D

]]> By: Mona http://barexambrief.com/2010/02/06/mbe-question-of-the-day-39/comment-page-1/#comment-799 Mona Sat, 06 Feb 2010 16:23:54 +0000 http://barexambrief.com/?p=874#comment-799 D is the right answer, the only close answer is A, the commerce clause but the state can grant its own citizens money, grants or subsidies under the exception and therefore A is incorrect. Because it restricts recepient from all kind of political lobbying calculated to secure additional tax support, it is burdening First amendment and therefore D is correct. D is the right answer, the only close answer is A, the commerce clause but the state can grant its own citizens money, grants or subsidies under the exception and therefore A is incorrect. Because it restricts recepient from all kind of political lobbying calculated to secure additional tax support, it is burdening First amendment and therefore D is correct.

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