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MMLU / Voters in a city passed a referendum legalizing gambling in a certain section of…

Problem

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question

Voters in a city passed a referendum legalizing gambling in a certain section of the city. The law established a commission, consisting of five individuals, that was in charge of licensing and overseeing the activities of the casinos. The members of the commission were to be appointed by the mayor. Pursuant to his statutory power, the mayor appointed four private citizens and a clergy member to the Commission. There is a constitutional challenge to the appointment of the clergy member as violating the establishment clause of the First Amendment. The mayor's action is

choices

  1. unconstitutional, because the appointment of a clergy member to the commission fosters excessive governmental entanglement with religion.
  2. unconstitutional on its face, because members of the commission are vested with enforcement powers.
  3. constitutional, because the primary effect of appointing only one religious member to the commission does not, per Se, advance or inhibit religion.
  4. constitutional, because commission membership is an appointive privilege and not an elective right.

subject

professional_law

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Source and history

task_id
7c293981-3bd4-5f2a-b93d-9fffa2276cdb
task_key
all--test--7c293981-3bd4-5f2a-b93d-9fffa2276cdb
task_revision_id
1
config / split
all / test

Official source

initial import