Federal Law Flashcards

Under the Dormant Commerce Clause, a state law that facially discriminates against interstate commerce is subject to which standard of review?

Answer: Strict scrutiny and is virtually per se invalid

Facially discriminatory state laws that favor in-state commerce over out-of-state commerce are subject to strict scrutiny and are virtually per se unconstitutional under the Dormant Commerce Clause.

Congress attaches conditions on federal highway funds requiring states to set the minimum drinking age at 21. Under which constitutional provision is this authorized?

Answer: Spending Clause

Congress's power to attach conditions to federal grants to states derives from the Spending Clause (Article I, Section 8), as upheld in South Dakota v. Dole.

When a state law directly conflicts with a federal statute such that it is impossible to comply with both, the result is:

Answer: The state law is void under the Supremacy Clause conflict preemption doctrine

Under conflict preemption, when compliance with both state and federal law is impossible, the Supremacy Clause renders the state law void.

The Necessary and Proper Clause gives Congress the power to:

Answer: Choose any means rationally related to executing an enumerated power

Under McCulloch v. Maryland, the Necessary and Proper Clause allows Congress to use any means reasonably adapted to carrying out an enumerated power, even if that means is not explicitly listed.

A self-executing treaty that conflicts with a later-enacted federal statute will:

Answer: Be superseded by the later statute under the last-in-time rule

Under the last-in-time rule, a self-executing treaty and a federal statute have equal status; whichever was enacted most recently controls.

Congress passes a law requiring states to conduct background checks for private gun sales. Under the anti-commandeering doctrine, this law is:

Answer: Unconstitutional because Congress cannot compel states to enforce federal law

Under Printz v. United States, the anti-commandeering doctrine prohibits Congress from compelling state executive officers to administer or enforce a federal regulatory program.

Under the Commerce Clause after Lopez and Morrison, which of the following can Congress NOT regulate?

Answer: Non-economic, purely local activity based solely on attenuated effects on commerce

After United States v. Lopez and United States v. Morrison, Congress lacks Commerce Clause power to regulate non-economic, purely local activity based on aggregated effects alone.