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

Question

Question below is based on the following fact situation.

During the final days of Reagan's presidency, many of his Cabinet members began leaking rather embarrassing stories about the Chief Executive to the press. In one such story, which appeared in the New York Post newspaper, an unidentified Cabinet member was quoted as saying that Reagan pardoned George Steinbrenner, owner of the New York Yankees baseball team, for a previous felony conviction because Steinbrenner promised to give Reagan a lifetime pass to all future Yankee games. Upset by these news "leaks", Reagan in his last official act as President issued an executive order banning all executive employees from having conversations with members of the press unless prior permission had been obtained from an administrative supervisor. The executive order called for the dismissal of any employee willfully in violation of that order.

After Reagan left office, the press made repeated reference to the executive order and derisively referred to it as "the Reagan legacy." Nonetheless, after George Bush took office he promised to abide by the order. Thereafter, London Wainwright III, one of Vice-President Dan Quayle's senior advisors, leaked a story to the Washington Post stating that Quayle told staffmembers that the only reason he visited San Francisco following the earthquake was because he wanted to play golf at nearby Pebble Beach Country Club. The Post printed the story and named Wainwright as the source. In compliance with civil service regulations, a hearing was conducted and Wainwright was found to have violated the executive order barring unauthorized communications with the press. Based on the recommendation of the Civil Service Commission, Wainwright was summarily dismissed from his executive staff position.

Wainwright brings an appropriate action seeking reinstatement and challenges the constitutionality of the executive order. If this case reaches the U.S. Supreme Court, the justices should rule the executive order is

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

  1. A
    Correct Answer
    constitutional, because governmental employment is a privilege and not a right
  2. B
    Correct Answer
    constitutional, because the President has plenary power to set forth employment regulations for Executive Department employees
  3. C
    Correct Answer
    unconstitutional, because Congress, not the President, has authority to regulate the terms and conditions of federal employment
  4. D
    Correct Answer
    unconstitutional, because the President cannot broadly limit all executive employees' freedom of speech and association
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.