LA Bar Federal Law 2

Question 1

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

Accepted Answer

Strict scrutiny and is virtually per se invalid

Answer

Rational basis review

Answer

Intermediate scrutiny

Answer

Balancing test weighing state interests against burden on commerce

Question 2

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

Accepted Answer

Spending Clause

Answer

Commerce Clause

Answer

Necessary and Proper Clause

Answer

Fourteenth Amendment, Section 5

Question 3

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

Accepted Answer

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

Answer

The state law is suspended until Congress acts

Answer

The federal law is preempted by state police powers

Answer

Courts apply the more recently enacted law

Question 4

The Necessary and Proper Clause gives Congress the power to:

Accepted Answer

Choose any means rationally related to executing an enumerated power

Answer

Enact laws on any subject as long as a majority of states approve

Answer

Override state laws whenever Congress deems it necessary

Answer

Create federal common law in areas of exclusive federal jurisdiction

Question 5

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

Accepted Answer

Be superseded by the later statute under the last-in-time rule

Answer

Always prevail because treaties are supreme law of the land

Answer

Require a two-thirds Senate vote to be superseded

Answer

Be voided by the President under the foreign affairs power

Question 6

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

Accepted Answer

Unconstitutional because Congress cannot compel states to enforce federal law

Answer

Valid because gun regulation affects interstate commerce

Answer

Valid as a necessary and proper exercise of the commerce power

Answer

Valid only if the states consented by accepting federal funds

Question 7

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

Accepted Answer

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

Answer

The sale of goods that have traveled in interstate commerce

Answer

Economic activity that substantially affects interstate commerce in the aggregate

Answer

Navigation and waterways used in interstate commerce