Instruction(s): Please respond to the following questions based on the hypothetical, using no more than 250 words per answer. Where appropriate, use the IRAC format. Use constitutional law and supreme court cases. Congress passes a law that requires all persons to download and sign up for a free contract tracing application (app) or pay a penalty of $2,000. The penalty is administered through the IRS. The law also requires individuals who test positive for COVID-19 to notify the government of their positive test via the app, so that the government may institute contact tracing and notify other affected individuals. Failure to do so is a misdemeanor criminal offense punished by a fine of $500. Question 1: Under what authority, if any, can Congress pass the law? Question 2: Assume Congress has the authority to pass the law. Chad, a disgruntled citizen, tests positive for COVID-19, but fails to notify the government via the app and is prosecuted. Chad challenges the law stating it is unconstitutional. What constitutional law challenges should he bring, and will they succeed? Question 3: Assume Congress has the authority to pass the law. Chads friend, Brad, belongs to the Church of No Technology. One of the core beliefs of Brads church is that humans should not use cell phones. Brad tests positive for COVID-19, but fails to notify the government via the app and is prosecuted. Brad challenges the law stating it violates his Free Exercise rights pursuant to the First Amendment. Will he succeed? Now assume the law only requires men to notify the government if they test positive for COVID-19. The government argues in court that this is because men are more likely to go to nightclubs and contract COVID-19. Question 4: Assume Congress has the authority to pass the law. Chad and Brads friend, Tad, tests positive for COVID-19, but fails to notify the government via the app and is prosecuted. What constitutional challenges should he bring, and will they succeed?
