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Dormant Commerce Clause - Constitutional Law - Past Exam, Exams of Constitutional Law

Bangalore UniversityConstitutional Law

This is the Past Exam of Constitutional Law and its key important points are:Dormant Commerce Clause, Violated Commerce Clause, Purpose of Constructing, Alternative Access Points, Vehicle Registration Document, State Constitutional Law, Memorandum Analyzing, Serious Genetic Defects

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2012/2013

Uploaded on 02/15/2013

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EXAM # _____________________
Cisneros: Constitutional Law I, Fall 2010 Page 1 of 11
Final Examination
Constitutional Law I
Professor Cisneros
Fall 2010
1. You have three (3) hours to complete this exam.
2. This is a closed book exam.
3. This exam consists of two parts.
Part I consists of fifteen (15) multiple-choice questions. Please mark your responses to
the multiple choice questions on the separate “ParSCORE TEST FORM” using pen or
pencil and following the instructions on that form. If you change your answer, place a
clear X through the wrong answer and mark the correct answer. A machine will score
the exam and any ambiguities will be counted as a wrong answer.
- Each question has equal weight in determining your grade. The multiple choice
portion counts for 30% of your final grade.
Part II consists of two (2) essay questions. Please write your response in the blue
books provided. Please write clearly. Write on every other line and every other page to
permit instructor comments.
- Each essay question has equal weight in determining your grade (35%). 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 statements will receive little credit. State fully the reasons that support
your conclusions.
- If anything about a question is ambiguous, decide and tell me what you think is
meant and answer the question accordingly. You will not be penalized for any
reasonable resolution of an ambiguity.
4. Write your exam number on your exam envelope. Put your correct class section and
student exam # at the top of this page, each page of questions, each blue book, and the
“ParSCORE TEST FORM.” Do not use your name, student ID number or Social
Security Number on any exam materials.
5. At the conclusion of the exam, return all test materials, including blue books, ParScore
answer sheet, scratch paper, and this exam packet to the envelope and submit it to the
proctor. DO NOT seal the envelope. Students who do not return all exam materials at the
end of the exam may not be graded.
GOOD LUCK!
pf3

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Download Dormant Commerce Clause - Constitutional Law - Past Exam and more Exams Constitutional Law in PDF only on Docsity!

Final Examination

Constitutional Law I

Professor Cisneros

Fall 2010

  1. You have three (3) hours to complete this exam.
  2. This is a closed book exam.
  3. This exam consists of two parts.

Part I consists of fifteen (15) multiple-choice questions. Please mark your responses to the multiple choice questions on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

  • Each question has equal weight in determining your grade. The multiple choice portion counts for 30% of your final grade.

Part II consists of two (2) essay questions. Please write your response in the blue books provided. Please write clearly. Write on every other line and every other page to permit instructor comments.

  • Each essay question has equal weight in determining your grade (35%). 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 statements will receive little credit. State fully the reasons that support your conclusions.
  • If anything about a question is ambiguous, decide and tell me what you think is meant and answer the question accordingly. You will not be penalized for any reasonable resolution of an ambiguity.
  1. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.
  2. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!

Part II: Essay Question 1 (worth 35%) Recommended Time: 65-75 minutes

Question 1

In March 2010, Andrew Paxton and Margaret Tate (collectively “plaintiffs”) filed suit in the Northern District of New York alleging, among other things, that the New York Thruway Authority’s (“NYTA”) toll scheme violated the Commerce Clause and Privileges and Immunities Clause of Article IV of the U.S. Constitution.

Andrew Paxton is a U.S. citizen who resides in Nassau County, New York. Margaret Tate is a U.S. citizen and permanent resident of Ontario, Canada. Plaintiffs have paid tolls to use the Grand Island Bridge (“Bridge”).

NYTA is a public corporation created by the New York State Legislature for the purpose of constructing and maintaining a Thruway system for the people of the State of New York. NYTA owns, operates, and maintains the Bridge.

Grand Island is a small island community surrounded by Lake Erie. It is part of Erie County, New York. The Bridge is actually comprised of two bridges that connect Grand Island via I-190 to the mainland of New York State. Island residents who work on New York’s mainland, must use either the northern portion of the Bridge, which runs from Grand Island, NY to Niagara Falls, NY or the southern portion of the Bridge, which runs from Grand Island, NY to Tonawanda, NY. Although there are numerous alternative access points into and out of New York State, the Bridge is the only access point for the Island residents to and from the mainland.

Beginning in 2009, the NYTA undertook a $48 million project to renovate portions of the Bridge. Concurrent with the renovation project, NYTA implemented and maintained a new toll policy on the Bridge. According to that policy, each vehicle crossing the Bridge, except those driven by Grand Island residents, must pay a toll of 75 cents. Grand Island residents, who may establish their status with, among other things, vehicle registration documents, are entitled to pay as little as 9 cents per trip, that is 66 cents less per trip than non-residents of Grand Island. Consequently, Plaintiffs paid the higher toll price each time they traversed the Bridge during trips each made through New York to New Jersey for shopping, tourism, dining, and other activities.

Please evaluate and discuss the following in light of this semester's course material:

  1. Have Plaintiffs established standing to sue under Article III of the Constitution?
  2. Does NYTA’s toll policy violate the Dormant Commerce Clause?
  3. May Plaintiffs invoke the Privileges and Immunities Clause of Article IV of the Constitution to challenge the NYTA toll policy?