A Mayor Serving in a Major Metropolitan Area Receives an Internal

question 4

Multiple Choice

A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report,thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfers of police officers to achieve racial balance across the city. The transferred police officers sue on constitutional grounds. Assuming just these facts,what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?

• A)This executive action by the mayor was unconstitutional because there was no rational relationship to a valid governmental purpose.
• B)The action is "void for vagueness" since transferred police officers must unnecessarily guess at the underlying public policy of the transfer process.
• C)The mayor's policy used race as the basis for transfers, so the policy is subject to strict scrutiny.
• D)The transfer should be set aside based on intermediate or heightened level of scrutiny.

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Definitions:

Contract Frustration

A legal concept that occurs when unforeseen circumstances prevent the fulfillment of a contract, thus releasing the parties from their contractual obligations.

Contract Repudiation

The refusal to perform duties or obligations under a contract, which can lead to legal actions for breach of contract.

Breach

A violation or infraction of a law, duty, or agreement.

Condition Subsequent

A condition in a contract that, when fulfilled, terminates the contract or an obligation within the contract.