MBE Question of the Day

With results from the February 2023 bar exam being released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!

MBE Question of the Day

A federal criminal law makes it a crime for any citizen of the United States, who is not specifically authorized by the President, to
negotiate with a foreign government for the purpose of influencing the foreign government in relation to a dispute with the
United States.
What is the strongest constitutional ground for the validity of the statute?
(A) Under its enumerated powers, Congress may legislate to preserve the authority of the national government over foreign affairs.
(B) The President’s inherent power to negotiate with foreign countries authorizes the President to punish citizens who engage in such
negotiations without permission.
(C) The law concerns foreign relations and therefore is not protected by the First Amendment.
(D) Federal criminal laws regarding foreign relations need not be as specific as those regarding domestic affairs
Answer to be posted tomorrow…..