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Con Law Final Exam Review
The State of Warner is one of the few with a population of a rare animal, the yellow-bellied sapsucker. A state statue forbids hunting and trapping yellow bellied sapsuckers and authorizes game wardens to seize and destroy any traps they find. A federal consumer safety regulation regulates the design of such traps to prevent them from pinching the finger of people who set the traps. Does the federal regulation preempt the state statute? Explain. - correct answer ✔✔No, the federal regulation does not preempt the state statute. These laws are regulating two separate things. The New Jersey state legislature recently enacted the Waste Control Act which provides:
- No person shall bring into this State, or accept for disposal in this state, any solid or liquid waste which originated or was collected outside the territorial limits of this state. The section shall not apply to: a. Garbage to be fed to swine in the State of New Jersey b. Any separate waste material, including newsprint, paper, glass and metals, that is free rotten garbage and not mixed with any other solid or liquid waste that is intended for a recycling facility c. Solid waste that is to be separated or processed into usable secondary materials, including fuel and heat, at a resource recovery facility. For years, the city of Philadelphia has been dumping in South Jersey garbage that can't be handled by its incinerators. A suit is brought in federal court by the Mayor of Philadelphia to enjoin application of the New Je - correct answer ✔✔unconstitutional, because it unduly burdens interstate commerce The State of Happyface enacts a law providing that foreign corporations must pay a fee to operate in the state, whereas domestic corporations do not. Lovett R. Leavitt, Inc., a foreign corporation, claims that the statute violates the interstate privileges and immunities clause. Does it? Explain. - correct answer ✔✔No this statute does not violate the interstate privileges and immunities clause because the clause only applies to citizens not corporations. The 105th Congress enacts a statute regulating what appears to be a matter of purely local commerce, even though Congress claims the activity involves interstate commerce. What standard of review will the Court use in determining whether Congress can regulate the activity? Explain. - correct answer ✔✔Any rational relationship between what is being regulated and interstate commerce.
In order to insure safety of drugs, a federal law was enacted which provided that certain, designated drugs, which cross state boundary lines, shall be in "sealed, metal containers." One of these drug was tribananol, which was manufactured exclusively in the state of Corpus. Other designated drugs were manufactured in other states. Subsequent to the federal enactment, the governor of Corpus signed into law a statute requiring all drugs (including tribananol) shipped within Corpus to be "sealed in plastic containers." The preamble to the statute announced the state's concern with the safe shipment of drugs. If challenged, the statute would be found: - correct answer ✔✔unconstitutional under the supremacy clause What provision(s) of the Constitution gives the federal government general police powers? Explain. - correct answer ✔✔No provision of the constitution gives the federal government police powers. Only states have police powers. The Federal Motor Vehicle Safety Act provides, in part, that car companies may use seatbelts to meet federal occupant crash protection standards. Furthermore, the Act provides that "no state shall have any authority to establish, or to continue in effect, any motor vehicle safety standard that is not identical to the federal standard" applicable to the same aspects of vehicle performance. Quasimodo is disfigured in a car accident. He brings a product liability suit in state court against Field Marshal Motors, the manufacturer of his car, alleging a design defect in that his car lacked air bags. Under the state common law the lack of airbags could constitute a design defect. Does the federal statute preempt the state law? Explain. - correct answer ✔✔The federal law preempts because it says that any state law must be identical. In order to cut the federal deficit, Congress decides to levy a tax on grain exported to other countries. On what basis could this tax be challenged? - correct answer ✔✔unconstitutional based on Article 1, section 9 that forbids Congress from taxing exports. The County of Guernsey adopted a Pure Milk and Dairy Act which provided that "no milk or diary products could be sold within the County which had not gone through a pasteurization process in plants inspected by a licensed county inspector." The local inspectors had no authority to inspect pasteurization plants outside of the County. As a consequence, under the County ordinance, milk and dairy products from neighboring states were prohibited from sale within the County boundaries even though just as ridge standards were employed in those areas.
In its totality, the regulation of businesses engaged in interstate commerce can best be described as - correct answer ✔✔a concurrent power of the national and state governments The _____________ clause requires that each state recognize and enforce the "public acts, records, and judicial proceedings of every other state." - correct answer ✔✔full faith and credit In which of the following cases was conflict between the national and state governments resolved in a manner that favored state jurisdiction over federal jurisdiction? - correct answer ✔✔U.S. v Lopez The general legislative authority of a state to protect the public health, safety, and welfare of its citizens is what is meant when we use the term: - correct answer ✔✔police powers When the court invalidates state legislation because of the pervasiveness of existing federal regulation, or because the national government has such a dominant regulatory interest, or because state regulation runs a high risk of creating conflict and confusion with existing federal policy, the Court applies - correct answer ✔✔the preemption doctrine Merill Pharmaceutical Company manufactured a new vaginal contraceptive sponge that was marketed under the trade name, FEEL-FREE. However, a study by the Federal Food and Drug Administration revealed that FEEL-FREE might prove harmful to users. As a result, Congress enacted legislation prohibiting the shipment and sale of FEEL-FREE across state lines. - correct answer ✔✔constitutional, because it is within the power of Congress to regulate interstate commerce The State of Aurora licenses persons "who are engaged in the trade of barbering." It will grant such licenses only to those who 1) are graduates of barber schools located in Aurora, 2) have resided in the state for two years, and 3) are citizens of the US. Which of the following is the strongest ground on which to challenge the requirement that candidates for barber licenses must have been residents of the state for at least two years? - correct answer ✔✔The privileges and immunities clause of Article IV, section 2 On April 15, 1982, the SALT (Strategic Arms Limitation Talks) between the U.S. and the U.S.S.R. suddenly broke down at the insistence of the Russian Foreign Minister. Two weeks later, Congress passed an Act wherein the U.S. government would purchase and operate all the nation's airlines. In all likelihood,
Congress' power to enact this legislation will derive from - correct answer ✔✔its power to regulate commerce The federal government's authority to write wide-ranging criminal laws finds its constitutional justification in - correct answer ✔✔the commerce power The County of Guernsey adopted a Pure Milk and Diary Act which provided that "no milk or diary products could be sold within the County which had not gone through a pasteurization process in plants inspected by a licensed county inspector." The local inspectors had no authority to inspect pasteurization plants outside of the County. As a consequence, under the County ordinance, milk and diary products from neighboring states were prohibited from sale within the County boundaries even though just as ridge standards were employed in those areas. The federal court held the Guernsey county ordinance unconstitutional and that the Court of Appeals affirmed the district court's decision. If the state health authorities seek further determination by the US Supreme Court, review would most likely be - correct answer ✔✔accepted for review if four justices vote to hear the appeal A state law that requires all products sold in glass container within the state, including those product manufactured elsewhere and brought into the state for sale, to include in the purchase price a 10-cent deposit fee that is refundable when the glass container is returned to a state recycling center would most likely be held: - correct answer ✔✔Constitutional, because it treats products manufactured in or out of state the same and provides an incentive to protect the environment Merill Pharmaceutical Company manufactured a new vaginal contraceptive sponge that was marketed under the trade name, FEEL-FREE. However, a study by the Federal Food and Drug Administration revealed that FEEL-FREE might prove harmful to users. As a result, Congress enacted legislation prohibiting the shipment and sale of FEEL-FREE across state lines. The law is probably - correct answer ✔✔constitutional, because Congress has the power to regulate interstate commerce Congress enacts legislation imposing an excise tax of $50,000 per annum on all firearms dealers. The monies collected will fund a government project to reimburse victims of violent crimes. The tax is held invalid since its principal effect is to discourage the sale of firearms. True or False? Explain in one or two sentences. - correct answer ✔✔False. The dominant intent of a tax is to raise revenue and that is exactly what the tax is doing. The tax is also serving as reimbursement to victims of violent crimes.
It's duck season, and Elmer Fudd wants to go on a duck hunting vacation in the State of Animation. Fudd is a resident of a neighboring state, and when he applies for an Animation duck hunting license, he finds that the license will cost him $400, while an Animation resident could obtain the same license for $20. He challenges the scheme, contending that it violates the interstate privileges and immunities clause. Does it? Explain. - correct answer ✔✔No it does not violate privileges and immunities because duck hunting is a recreational activity and it does not serve a fundamental interest. Duck hunting is not protected by the clause. The state of Serenity enacts a statute that requires potato farmers to remove federal labels on potato bags and replace them with state-approved labels, which involves an additional expense to the farmer. One state grower, Farmer Johannes, challenges this as an invalid state regulation of interstate commerce. What is the final result. - correct answer ✔✔The final result is that the farmer is correct because the federal policy preempts the state from removing the label. It is also an undue burden on interstate commerce to replace all the labels. The city of Bayou Tut enacts a zoning ordinance for residential areas, which changes the required land per house from five acres to one acre, to relieve the housing shortage. This results in a diminution of property values. Will the zoning ordinance be considered a "taking", thus requiring just compensation? - correct answer ✔✔No this is not a taking. Because the zoning ordinance advances a legitimate public interest and the owner is not deprived of the use of their property. The Food and Drug Administration establishes standards for the collection of blood plasma. Transylvania County in the state of Silvercross has an ordinance that imposes additional regulations on collecting blood plasma. Dracula Enterprises, a company that collects blood plasma claims the federal standard preempts the County standard. Does it? Explain. - correct answer ✔✔As long as the county standards do not conflict with the federal standard, there is no preemption. The county is just providing additional regulations. The State of Brandywine built a racetrack that was specifically designed and constructed for thoroughbred horse-racing. State bonds were issued to finance the construction of the racetrack. The bond agreement provided that for the first five years the racetrack was in operation at least $2 from each administration charge would be used to repay the bond debt. The bond agreement further stipulated that if the proceeds from the administration charge during the first five years were not sufficient to repay bondholders, then at least $1 from each administration charge for the next five years would be applied to make the necessary bond payment. After the racetrack was built and in operation for two years, the Brandywine state legislature passed a bill requiring the racetrack to admit all senior citizens over the age of 65 for the discounted admission
fee of 50 cents. The law is probably - correct answer ✔✔Unconstitutional, because it impaired the obligation of the bondholders' contract. The Bates Motel is located on a busy interstate. It gets a lot of business ever since it appeared in a Hitchcock movie, and it holds itself out as a place for travelers to rest their weary bones, or just dash in for a nice, hot shower. However, it has a policy of serving whites only. Will the federal Civil Rights Act be applicable to it, under the commerce clause? Explain. - correct answer ✔✔Yes, racial discrimination has the ability to impact interstate commerce. Under the commerce clause Congress can regulate anything that impacts interstate commerce. Which of the following factors are considered in determining if a federal law is intended to preempt state law? - correct answer ✔✔- the pervasiveness of federal law
- the potential for conflict
- the need for uniformity If a state action is found to be contrary to existing, legitimate national policy, then that policy area has been _____ by congress. - correct answer ✔✔Preempted When the court invalidates state legislation because of the pervasiveness of existing federal regulation, or because the national government has such a dominant regulatory interest, or because state regulation runs a high risk of creating conflict and confusion with existing federal policy, the court applies: - correct answer ✔✔the preemption doctrine Vegetable flavored yogurts go "off" very quickly if not kept adequately refrigerated. In order to ensure their freshness, the state enacts a regulation that vegetable yogurts be made within 75 miles of where they will be sold. Is this an invalid burden on interstate commerce? Explain. - correct answer ✔✔Yes, there are less restrictive means to ensure freshness. In order to ensure safety of drugs, a federal law was enacted which provided that certain, designated drugs, which cross sate boundary lines, shall be in "sealed, metal containers." One of these drugs was tribananol, which was manufactured exclusively in the state of Corpus. Other designated drugs were manufactured in other states. Subsequent to the federal enactment, the governor of Corpus signed into law a statute requiring all drugs (including tribananol) shipped within Corpus to be "sealed in plastic containers." The preamble to the statute announced the state's concern with the safe shipment of drugs. If challenged, the statute would be found: - correct answer ✔✔Unconstitutional, under the supremacy clause.
If an act of congress conflicts with a treaty obligation, which prevails? - correct answer ✔✔Whichever was passed the most recently
