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

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Question below is based on the following fact situation.

Red Simon, an avowed Communist, was elected First Vice-President of the National Amalgamated Mill Workers Union. John Cagey, a U.S. Senator, investigated Communist infiltration of national labor unions and found a provision in the Landrum-Griffin Act which makes it a crime for a member of the Communist Party to act as an official of a labor union. After a subsequent legislative hearing, Red is dismissed from his position by the National Union's Executive Committee.

Which of the following most accurately summarizes the applicable rule of constitutional law regarding the aforementioned provision of the Landrum-Griffin Act?

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

  1. A
    Correct Answer
    The provision is a form of unconstitutional prior restraint on a person's First Amendment right of free association.
  2. B
    Correct Answer
    The provision contains a suspect classification which violates the Equal Protection Clause.
  3. C
    Correct Answer
    The provision is a reasonable method of discrimination because the benefit to the public outweighs the injury or restrictions which would be inflicted upon the person.
  4. D
    Correct Answer
    The provision is a form of legislative punishment violative of the Constitution as a bill of attainder.
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