SC Bar Constitutional Law 2

Question 1

In Gonzales v. Raich, the Supreme Court upheld federal regulation of locally grown marijuana under the Commerce Clause because:

Accepted Answer

Local marijuana use, in the aggregate, substantially affected the interstate marijuana market

Answer

The Necessary and Proper Clause gave Congress plenary power over all drug activity

Answer

Marijuana trafficking is inherently an interstate criminal enterprise

Answer

Congress had a rational basis for classifying marijuana as a Schedule I substance

Question 2

The Dormant Commerce Clause doctrine prohibits states from:

Accepted Answer

Discriminating against interstate commerce or imposing undue burdens on it

Answer

Enacting any tax that affects goods moving across state lines

Answer

Exercising concurrent regulatory power in areas where Congress has legislated

Answer

Regulating commerce in the complete absence of any federal regulation

Question 3

Under the anti-commandeering principle from Printz v. United States, Congress:

Accepted Answer

Cannot compel state executive officials to administer federal regulatory programs

Answer

May require states to allow federal inspectors on state property

Answer

May require state officials to implement federal gun background check systems

Answer

Cannot offer incentive grants to encourage states to adopt federal policy objectives

Question 4

A state law that facially discriminates against out-of-state competitors under the Dormant Commerce Clause is:

Accepted Answer

Virtually per se invalid unless the state shows no non-discriminatory alternatives exist to serve legitimate local purposes

Answer

Constitutional if the state demonstrates a legitimate interest in protecting local industry

Answer

Subject to a balancing test weighing local benefits against the burdens on interstate commerce

Answer

Exempt under the market participant exception in all circumstances

Question 5

Field preemption under the Supremacy Clause occurs when:

Accepted Answer

The federal regulatory scheme is so pervasive that Congress intended to occupy the entire regulatory field

Answer

Congress explicitly states that federal law supersedes all state law on a subject

Answer

State law directly contradicts federal law making compliance with both impossible

Answer

A federal agency issues regulations covering the same conduct as a state statute

Question 6

Under the Spending Power, Congress may attach conditions to federal grants to states provided that:

Accepted Answer

The conditions are unambiguous, related to the federal interest, and not unconstitutionally coercive

Answer

The condition directly compels states to enact or enforce federal law

Answer

The President personally approves each condition before funds are disbursed

Answer

The condition applies only to the funds granted, not to all state spending

Question 7

Under the Appointments Clause of Article II, 'inferior officers' of the United States may be appointed by:

Accepted Answer

The President alone, heads of departments, or courts of law, as Congress may by law provide

Answer

Only the President with Senate confirmation in all cases

Answer

Congress alone through legislation without presidential involvement

Answer

The Vice President acting as President of the Senate