1. YES. Applying the so-called lawful subject and lawful means test. The "lawful subjects" and "lawful means" tests are used to determine the validity of a law enacted under the police power.
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Alternative answer
1. NO. Apply the principle of “valid classification in relation to due process clause.
REQ. for a Valid Classification:
a. There is substantial distinctions;
b. The classification is germane to the purpose of the law;
c. The classification is not limited to existing conditions only, and
d. apply equally to all members
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NOTE:
You can argue either yes or no, applying the above-mentioned principle.
Those who answered “no” may attack the constitutionality of the law base on the following grounds:
- Failure to satisfy the requirements of the “reasonable means test” in relation to “due process of the law”
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- Violation of the principle of “valid classification” in relation to the “equal protection clause.”
See? of the 8 bar subjects, only Political Law is quite complicated. The bar examinees may opt to argue in either way, yes or no, depending on how they will argue and resolve the issue involved.
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