UT Bar Constitutional Law 2

Question 1

Under the modern Commerce Clause doctrine after United States v. Lopez, Congress may regulate:

Accepted Answer

Channels and instrumentalities of interstate commerce, and activities substantially affecting it

Answer

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:

Accepted Answer

Discriminating against or unduly burdening interstate commerce

Answer

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:

Accepted Answer

Valid federal law preempts conflicting state law when Congress has acted within its authority

Answer

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:

Accepted Answer

Delegating legislative power without an intelligible principle guiding the delegatee

Answer

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:

Accepted Answer

Citizens of one state from discrimination by another state regarding fundamental rights

Answer

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.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Constitutional Law 2