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

Question

Question below is based on the following fact situation.

Carl Caucus, a staff assistant for the Senate of the state of New York, pled guilty in federal court in 2005 of taking bribes from Arab sheiks for the purpose of influencing an upcoming vote on a waterworks bill. He was sentenced to probation. Caucus had served on the Senate staffsince 1975, and in 1995, he became fully qualified for his pension upon retirement, under the terms of an agreement between the New York Board of Pensions and Retirement and the New York Senate Staff Union. On November 16, 2003, Caucus retired and immediately started receiving monthly state pension checks.

On July 8, 2008, the governor of New York signed into law the Public Employee Pension Forfeiture Act, which provided in part:

"Section 8. Any member of the Senate staff. . . who is convicted of . . . bribery . . . shall not be entitled to receive any retirement or other benefit or payment of any kind from the state . . . Such conviction shall be considered a breach of the staff member's employment contract . . .

Section 12. The provisions of this Act shall be retroactive to December 31, 1941.

Section 14. This Act shall take effect immediately."

On September 12, 2008, Caucus received a letter from the Board of Pensions and Retirement which stated, "Pursuant to the Public Employee Forfeiture Act, the Board is immediately discontinuing pension benefit payments to you on account of your 2005 bribery conviction."

In order to reinstate his pension on the ground that the statute is unconstitutional, Caucus's best argument would be that:

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

  1. A
    Correct Answer
    Caucus was retroactively punished.
  2. B
    Correct Answer
    The Public Employee Pension Forfeiture Act is an ex post facto law
  3. C
    Correct Answer
    The Supremacy Clause invalidates the state law, because there is federal legislation regulating pension and profit sharing plans.
  4. D
    Correct Answer
    The Act has a chilling effect on legislators' rights to freely discuss pending bills with members of their staffs.
0 users answered this question.

Explanation

Try a similar question!
Practice One More

Sorry

Don't know? See answer. Members onlySign up for free to see the answer! Don't know? See answer.
This question does not have an explanation yet.
Or practice a similar question Practice 1 More Question
Try a similar question!
Published on by Kaplan Test Prep
Premium
Favorite

Assign this pod Create New Group You don't have any group to choose from yet. Create your first one!

This pod belongs to a paid product. Group members who receive this pod as an assignment will be asked to purchase the product.
You don't have any group to choose from yet. Create your first one!
1 0 1 Choose a group or create a new one.
1 Name this group.
/ chars.
0 1 2 2 Add your students' emails.

Invite students by entering their email addresses below or distributing the 6-digit alphanumeric Group Code shown after the group is created.

You can enter multiple email addresses separated by commas or new lines.
You can enter multiple email addresses separated by commas or new lines.

The email address belongs to you. You cannot add yourself as a group member. You can preview the assignment email by clicking on the "Send Test Email to Yourself" button below.

Assignment will be sent to

  • x
0 2 3 Name this group.
/ chars.

The email address belongs to you. You cannot add yourself as a group member. You can preview the assignment email by clicking on the "Send Test Email to Yourself" button below.

This group does not have any members. Add new members.

Assignment will be sent to will be added to your group.

  • x
  • x

not joined this group yet.

2 3 4 Preview and assign. A test email has been sent to you. Please check your inbox.
This assignment will be emailed to your students once they join the group via their group invites.
You already assigned this pod to this group.
2 3 4 Preview and assign. A test email has been sent to you. Please check your inbox.
This assignment will be emailed to your students once they join the group via their group invites.
You already assigned this pod to this group.

You have assigned this pod to successfully!

Using their dashboards,students can also enter the Group Code to join this group. This Code expires on .

To receive each student's results by email, please instruct your students to click on "End Practice" once they have completed the pod.

You have created new group

Using their dashboards,students can also enter the Group Code to join this group. This Code expires on .

Share
Add to Draft Pod
You can only add questions to pods that have not been published yet. Add to a new draft pod.
Create New Draft Pod

Title*

Description

Sorry

There was an error creating this pod. Please try again later.

Resend Pending Invites

Pending invites can be resent once per day.

You are resending an invites to students:

    Invites Resent

    You have reinvited students successfully!

    Resend Pending Invites

    Sorry, something went wrong. Try again later, or contact us at info@learningpod.com

    Do you really want to retake this pod?

    This will delete your current answer choices and practice results. If you received this pod as an assignment, your teacher will be notified of the retake.