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

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.

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

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.

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

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

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

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.

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Be superseded by the later statute under the last-in-time rule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

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

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Federal Law 2