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

In Raich, the Court applied the aggregation principle from Wickard v. Filburn, holding that Congress could regulate local marijuana cultivation because, in the aggregate, such activity substantially affected the national illegal marijuana market.

Question 2

The Dormant Commerce Clause doctrine prohibits states from:

Accepted Answer

Discriminating against interstate commerce or imposing undue burdens on it

Answer

The Dormant Commerce Clause prevents states from enacting laws that discriminate against interstate commerce or impose undue burdens on it, even when Congress has not legislated on the subject.

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

In Printz, the Court held that Congress violates the structural principle of dual sovereignty when it compels state executive officials to implement or administer federal regulatory programs.

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

Facial discrimination against interstate commerce triggers a virtually per se rule of invalidity; the state must prove there are no reasonable non-discriminatory alternatives and that it serves a legitimate local purpose unrelated to economic protectionism.

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

Field preemption arises when Congress has enacted such a comprehensive scheme of regulation that the intent to occupy the entire field can be inferred, leaving no room for state supplementation.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Constitutional Law 2