Bar Exam (US) Constitutional law: Question below is based on the following fact situation. A dev...

Question

Question below is based on the following fact situation.

A devastating earthquake measuring 8.5 on the Richter scale struck Tijuana, Mexico. The earthquake destroyed hundreds of homes and buildings. Thousands of residents were killed, injured and left homeless by the earthquake. Mexico sought the assistance of the United States in providing emergency aid.

The President of the United States initially wanted to send troops from the United States military base in San Diego but learned that they were on maneuvers in the South Pacific. As a result, the President issued an executive order directing members of the Border Patrol, a federal agency under the supervision of the Immigration and Naturalization Service (INS), in southern California to travel to Tijuana to engage in emergency rescue operations. The Border Patrol's main function is to patrol the border with Mexico to prevent illegal aliens from entering the United States.

Duke Duckworth, a member of the Border Patrol, refused to comply with the executive order and assist in the Mexico relief effort. He claims that participating in such operations in a foreign country is beyond the scope of his job responsibilities. Duke brings suit in federal court challenging the validity of the President executive order. Assuming Duke has adequate standing, the court should rule the executive order

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    valid, because as commander-in-chief the President has unfettered authority to require federal employees to participate in an international relief effort
  2. B
    Correct Answer
    valid, because employees of an executive agency can be required to perform such emergency functions
  3. C
    Correct Answer
    invalid, because the executive order is beyond the scope of presidential power absent congressional authorization
  4. D
    Correct Answer
    invalid, because the director of the INS, not the President, has the power to issue directives to the Border Patrol
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