UT Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the modern Commerce Clause doctrine after United States v. Lopez, Congress may regulate:
- Only activities that directly involve the movement of goods across state lines
- Channels and instrumentalities of interstate commerce, and activities substantially affecting it (Correct answer)
- Any activity within a state that Congress deems nationally important
- Only economic activities, never non-commercial conduct
Correct answer: Channels and instrumentalities of interstate commerce, and activities substantially affecting it
Post-Lopez, Congress may regulate the channels of interstate commerce, the instrumentalities thereof, and activities that substantially affect interstate commerce.
Question 2: The Dormant Commerce Clause doctrine prohibits states from:
- Regulating any activity that touches on commerce
- Taxing goods solely because they cross state lines
- Discriminating against or unduly burdening interstate commerce (Correct answer)
- Passing laws affecting foreign trade without federal approval
Correct answer: Discriminating against or unduly burdening interstate commerce
The Dormant Commerce Clause prevents states from discriminating against interstate commerce or imposing undue burdens on it, even when Congress has not legislated on the subject.
Question 3: The Supremacy Clause of Article VI establishes that:
- The President is supreme over Congress in matters of national security
- The Supreme Court is the final arbiter of all constitutional questions
- Valid federal law preempts conflicting state law when Congress has acted within its authority (Correct answer)
- States must always follow federal agency regulations regardless of their validity
Correct answer: Valid federal law preempts conflicting state law when Congress has acted within its authority
The Supremacy Clause makes valid federal law the supreme law of the land, preempting conflicting state law when Congress has acted within its enumerated powers.
Question 4: The non-delegation doctrine limits Congress's power by prohibiting it from:
- Passing legislation that requires implementing regulations
- Creating independent regulatory agencies outside executive control
- Granting authority to foreign governments or international organizations
- Delegating legislative power without an intelligible principle guiding the delegatee (Correct answer)
Correct answer: Delegating legislative power without an intelligible principle guiding the delegatee
The non-delegation doctrine prohibits Congress from transferring its legislative power without providing an intelligible principle to guide the delegatee's exercise of discretion.
Question 5: The Article IV Privileges and Immunities Clause most directly protects:
- All constitutional rights of citizens from any state interference
- Citizens of one state from discrimination by another state regarding fundamental rights (Correct answer)
- Federal employees from state prosecution for official acts
- Corporations from discriminatory state taxation schemes
Correct answer: Citizens of one state from discrimination by another state regarding fundamental rights
The Article IV Privileges and Immunities Clause prevents states from discriminating against out-of-state citizens regarding fundamental rights such as the ability to pursue a livelihood.
Question 6: Presidential executive privilege, as recognized in United States v. Nixon:
- Is an absolute constitutional protection that cannot be overridden by any branch
- Applies only to communications about military operations and national security
- Does not exist as a constitutional doctrine since it is not mentioned in the text
- May yield to a demonstrated specific need for evidence in criminal proceedings (Correct answer)
Correct answer: May yield to a demonstrated specific need for evidence in criminal proceedings
Nixon recognized executive privilege as a constitutional principle rooted in separation of powers but held it must yield when there is a specific demonstrated need for evidence in a criminal proceeding.
Question 7: The Full Faith and Credit Clause of Article IV requires states to:
- Apply federal law to all disputes involving federal questions
- Recognize and enforce valid judicial judgments of sister states (Correct answer)
- Provide equal governmental benefits to citizens of all states
- Honor federal agency decisions as binding precedent in state courts
Correct answer: Recognize and enforce valid judicial judgments of sister states
Full Faith and Credit requires each state to recognize and give effect to the public acts, records, and judicial proceedings of other states.
UT Bar Constitutional Law 2
Under the modern Commerce Clause doctrine after United States v.
Lopez, Congress may regulate: