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MMLU / A state law required vacant public school buildings to be sold at auction to the…

Problem

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question

A state law required vacant public school buildings to be sold at auction to the highest bidder. A church in a city located in the state wanted to acquire larger facilities for its school. The city's school board proposed a new state law that would authorize it to sell a vacant public school building, at a price below its fair market value, to the church for use as its school. If enacted, would this law be constitutional?

choices

  1. No, because a statute specially authorizing the sale of the building without competitive bidding would violate the equal protection clause of the Fourteenth Amendment.
  2. No, because the transfer of the building to the church under these circumstances would constitute an establishment of religion prohibited by the First and Fourteenth Amendments.
  3. Yes, because surplus government property is not subject to the limitations imposed by the establishment clause as incorporated into the establishment clause as incorporated into the Fourteenth Amendment.
  4. Yes, because the law would not primarily or substantially support the religious activities of the church.

subject

professional_law

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