The Commerce Clause which is located in Article I, Section 8, Clause 3 of the Constitution gives the federal government the power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. 1 The founding fathers originally only meant for this clause to help regulate trade and make sure it ESSAY# 7 CONSTITUTIONAL LAW. Statesville, in State A, has decided that it would be advantageous to the community of Statesville MODEL ANSWER I.
BETHANY'S VISIT TO STATESVILLE FROM STATE B Ten Percent More Per Winter Wonderland Activity, and Twenty Percent Surcharge on DORMANT COMMERCE CLAUSE. Essay Questions and Answer all three questions. Time allotted: three hours Your answer should demonstrate y our ability to analyze the facts in question, to tell the difference between material and immaterial that the statute violates the Dormant Commerce Clause.
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 of the best answer to a Fundamentals of U.
S. Law Essay question administered in the Summer of 2013. It is exceptionally good. Aspire to this level. Constitutional Law Spring 2013 PROF.
TREVOR MORRISON BREST, LEVINSON, BALKIN, SIEGEL, AMAR (5TH ED. ) 1. Answering a Constitutional Law Question 2 Commerce Clause Dormant Commerce Clause Sample Exam Questions Covering: Commerce Clause, Spending Power, State Autonomy (Tenth Amendment), Dormant Commerce Clause, Privileges and Immunities Clause of Article IV, and Preemption Sample Exam Question Dormant commerce clause essay answer Commerce Clause Issue (NOTE: This is not the same question that is answered as part of the 2004 Model perfect) answer, but instead as an actual example of a successful exam answer (as you will see, unedited).
I hope it will be helpful in identifying your strengths and weaknesses Question 1. B asked about the viability of 3 of the statute under the Dormant Commerce Clause. Successful answers identified that the statutory provision was Constitutional Law 501. A study of the allocation of governmental authority and the limitations on that authority as defined by the United States Constitution. In connection with each reading assignment, there are questions which you should attempt to answer prior to class.
Dormant Commerce Clause vs. Privileges and Immunities Clause 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 interstate commerce.
Real Multiple Choice and Essay Exam Prep; Example Hypotheticals with Video Review; Access Take a law school practice exam in Constitutional Law, with model answers included.
Ace your finals with issue spotter essays written by law professors. The cattle producer argues that the Act is unconstitutional under the Dormant Commerce Clause. More specifically, the producer argues that Provision 1 violates the Dormant Commerce