Homework Sourse1 Discuss all constitutional issues raised by these facts in
1. Discuss all constitutional issues raised by these facts in the case below and explain the likely outcome and constitutional basis for any decision by the Supreme Court. Please be precise in your analysis and cite relevant cases. You may consult the book (Constitutional Law for a changing America, 8th ed.), or any other source to help in writing your answer. Here are the cases you may use in your explanation:
(PLEASE, NEED HELP!)
Congressional Authority over Internal Affairs
Powell v. McCormack (1969)
U.S. Terms Limits, Inc. v. Thornton (1995)
Arizona v. Inter Tribal Council of Arizona (2013) (Moodle)
Gravel v. United States (1972)
Sources and Scope of Legislative Powers
McCulloch v. Maryland (1819)
McGrain v. Daugherty (1927)
Sources and Scope of Legislative Powers
Watkins v. United States (1957)
Barenblatt v. United States (1959) (WebVista)
United States v. Curtiss-Wright Export Corp.
South Carolina v. Katzenbach (1966)
Basic Considerations
Bush v. Gore (2000)
The Faithful Execution of the Laws: Defining Contours of Presidential Power
In re Neagle (1890)
Domestic Powers of the President
Clinton v. City of New York (1998)
Morrison v. Olson (1988)
Myers v. United States (1926)
Domestic Powers of the President
Humphrey’s Executor v. United States (1935)
United States v. Nixon (1974)
Mississippi v. Johnson (1867)
Nixon v. Fitzgerald (1982)
Clinton v. Jones (1997)
Ex parte Grossman (1925)
Murphy v. Ford (1975)
The President and Foreign Policy
United States v. Curtiss Wright Export Corp. (1936)
Mistretta v. United States (1989)
Immigration and Naturalization Service v. Chadha (1983)
Bowsher v. Synar (1986)
Presidential Power During War and National Emergencies
The Prize Cases (1863)
Ex parte Milligan (1866)
Ex parte Quirin (1942)
Korematsu v. United States (1944)
Youngstown Sheet & Tube Co. v. Sawyer (1952)
Dames & Moore v. Regan (1981)
Hamdi v. Rumsfeld (2004)
Case:
On September 11, 2015 at precisely 1:00 a.m., the Metropolitan Opera House in New York City was almost completely destroyed by a bomb secretly placed in a box of fake mustaches, beards, head scarves, and rubber knives used by the opera company for costuming in a new comic opera production of “Seeking the Lost Prophet Mohammad” that was scheduled to open the opera season the next evening. Because of the late hour, no one was injured or killed inside the building, but three U.S. Marines on leave from combat duty in Afghanistan were killed when a fake beard flew onto the windshield of the taxi they were riding in, causing the taxi driver to run into a U.S. Army recruiting station, resulting in a fire that completely destroyed the building.
A new terrorist organization called the Friends of the Prophet Mohammad Liberation Army took credit for the bombing, and claimed to have done so in protest for the opera production, which it claimed was highly disrespectful to the Prophet Mohammad and Muslims generally.
The opening of the opera season was delayed for a week, and ultimately the Metropolitan Opera scheduled its 2015-16 season to be performed in the Really Off Broadway Theater building. Thereafter, citizens of New York launched a major financial campaign to rebuild the Metropolitan Opera House. However, the chair and president of the Metropolitan Opera Company, Cecilia “High C” Sopranola, refused to consider rebuilding the Metropolitan Opera House. As she said: “The terrorists will get their way, sadly. But, I just cannot take a risk that this may happen again. The Metropolitan Opera Company is moving to Toronto, Canada starting in 2016-17.”
This news caused consternation in the United States Congress. Many members of both houses made speeches denouncing what they called a “cowardly surrender to terrorism.” Many of the speeches suggested that refusing to rebuild the opera house was a terrible symbol for the nation, as it would amount to admitting defeat in the war on terror and substantially damage morale among the military troops overseas who were upset over the death of the three marines. A common complaint was that this was a devastating message to send to the brave men and women in the military who are fighting the war against terror. There was special concern expressed that the surrender of the opera company would make it harder and harder to recruit new members to the military. As one member of Congress cried out, “Opera is as American as apple pie!” And another member of Congress screamed out, “You know, they destroyed a highly prized symbol of the United States, a U.S. recruiting station—don’t forget that!”
There was, however, one member of the House of Representatives who took a different approach to the problem. He was an Arab-American who represented a House district outside Detroit. He made a speech on the floor of the House, in which he said: “I’m a proud American, but what’s the big fuss about an opera house? And, I think we have too many recruiting stations, anyway.” This speech caused outrage in the House, which expelled him from the House on a vote of 200 to 101.
This speech also prompted another member of the House to introduce a bill, named the “Fight Terrorism at Home Act of 2015,” which called for the establishment of a United States government commission named the “Let Freedom Sing Commission” to operate under the ultimate authority of the President of the United States. Under the terms of the bill, the commission, as directed by the president, was authorized to do the following: “Take all reasonable steps to: (1) restore opera to its rightful place in the City of New York, including, if deemed appropriate, funding a new opera company with federal monies for three years; (2) restore the morale of troops overseas; and (3) restore the prestige of the U.S. on the world stage.” The bill also contained the following language: “The Congress wishes all the best for the Metropolitan Opera Company in its new 2016-17 home in Toronto.” This bill passed both houses of Congress and was signed by the president.
As requested by the Commission, the president thereupon authorized the Let Freedom Sing Commission to do the following: (1) begin building a new opera house in New York City to be finished within two years; (2) take over and operate the Metropolitan Opera Company for two-years, pending completion of the new opera house and establishment of a new opera company, with performances to take place during this time in Lincoln Center; (3) offer to return the Metropolitan Company to its private owners before the expiration of two years if and when it agrees to remain in New York City. When the president ordered the takeover of the Metropolitan Opera Company, he stated the following: “Losing the Metropolitan Opera Company to Canada because of a terrorist attack will make the United States look weak on the international stage, discourage our troops overseas, and diminish American foreign policy—I can’t allow that.”
New York City has a 12% sales tax on all entertainment performances, including operas. The City is attempting to collect this tax from the Let Freedom Sing Commission for opera performances. However, the managing director of the Commission, retired Minnesota Opera baritone Paul “Blue Ox” Bunion, has refused to pay the taxes.
Another development is that the House of Representatives in its new session has refused to seat the Arab-American member from the Philadelphia suburb, even though he was duly elected in the 2015 special election to fill his seat after he was expelled from the House. What prompted this action was a bumper sticker he placed on his car that said: “The Friends of the Prophet Mohammad Rock!”
Solution
The cited legal decisions and the case law given below mentions religious sentiments and anti - culturist thoughts.
Though the question is not hypothetical in nature, the data to be referred is vague.
