The lower courts declined to decide the separation of powers issue on political question grounds, so the case provides a great way to combine two distinct doctrines in one essay a great dormant commerce clause issue and a preemption issue can be found in various nebraska bills to regulate the. Topic 24: federalism: dormant commerce clause topic 25: federalism: article iv privileges and immunities topic 26: federalism: preemption topic 27 : federalism: intergovernmental tax immunity topic 28: federalism: general limits on state power topic 29: substantive due process: incorporation of the bill of. Ace your finals with issue spotter essays written by law professors this is exam # 2 out of the 30 exams that costs of producing and selling cattle it further argues that provision 2 violates the dormant commerce clause because the provision benefits in-state cattle producers at the expense of out-of-state cattle producers. In the space provided below, please explain why the answer you chose for question 5 is better than the other answers the justiciability defenses – no the “dormant commerce clause” aims at preventing states from protecting local businesses and/or interfering with interstate commerce the facts are devoid of any such. I steps in con law analysis a threshold issues i standing, mootness, ripeness, state action (abstention) b applicable amendment i look for issue pairings ii if this a property right or an liberty right c applicable elements for claim i if element missing, facial challenge ii if all elements addressed in statute, as applied. A the constitution imposes certain limitations on state power these limitations may be express or implied the most fertile ground for litigation in this field is the dormant commerce clause this chapter is primarily concerned with the issue of whether, faced with federal inaction, a state may enact legislation that affects.
Essential to our analysis and the court's decision in wynne is the idea that states are capable of discriminating not only on an inbound basis, but also on an outbound basis, and that the commerce clause prohibits discrimination on either basis to aid in explicating our position, this essay introduces the term “ retentionism. The dormant commerce clause doctrine, while not explicitly mentioned in the constitution, stands for the proposition that, in the absence of federal regulation, state law may stand unless the state legislation in question benefits that state and burdens another state this can essay question administered in the summer of. This is the past exam of constitutional law and its key important points are: dormant commerce clause, violated commerce clause, purpose of the essay portion counts for 70% of your final grade - read each question carefully and pay attention to what you are being asked to do conclusory.
Question i1 this question called on you to spot a number of potential constitutional issues concerning the federal medical licensing and safety act ( fmlsa or act) and then to discuss those issues broadly speaking, i believe there were five issued to be discussed i discuss each issue separately below commerce clause. We'll start with an overview of the constitution where we'll consider questions such as why the constitution and what function does the constitution serve next we'll examine how the constitution and its subsequent interpretation established the powers of the federal, legislative, and judicial branches.
Possible constitutional law essay scenario: evaluating the constitutionality of a state or federal statute now this is a broad area as it could involve equal protection, fundamental rights (privacy is a typical hot topic) and due process and either the commerce clause or dormant commerce clause and. Part i of this publication contains the essay questions from the february 2005 and july 2005 florida bar questions on the florida bar examination should be answered in accordance with applicable law in under the commerce clause, laws may not discriminate against or unduly burden interstate. Here the law limits licenses to one per family residing in maryland maryland wishes to preserve their natural resources, but the crab population is now stable therefore, the need to preserve no longer exists as a result, a court will find that discrimination against out of state residents violates the dormant commerce clause.
Court's role in assessing congress' use of necessary and proper clause: o scrutinize whether the means chosen by congress are adequately related to legislative ends o decide if congressional assertions of necessity are a pretext commerce clause commerce power art i, §8, cl 3 congress shall have the power. Question i the question of whether president rice can redirect these funds unilaterally raises various separation of powers concerns, between her own powers as president and congress' spending and war soca violates the dormant commerce clause only if it 1) regulates commerce and either 2). Political question cases under the republican form of government clause federal legislative power- authority of congress under the constitution necessary & proper clause the taxing, spending, and commerce clause congressional approval (once congress has acted, the commerce clause is no longer dormant.