...y online retailers. Is State C's tax valid under the dormant Commerce Clause? Discuss substantial nexus, fair apportionment, discrimination, relation to state service...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
...in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: physical presence is not required when a remote seller deliberately makes substantial sales into the state. U.S. Const. art...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
...the chair before speaking. Which statement is most accurate under the Establishment Clause? The best answer reflects modern Establishment Clause analysis for legislative prayer and coercion. U.S. Const. amend. I, Marsh v...
Citations: U.S. Const. amend. I, Marsh v. Chambers, Town of Greece v. Galloway, Kennedy v. Bremerton School District
...ous group's Free Exercise claim, the grant-program exclusion, and any Establishment Clause issue raised by the mayor's prayer. This essay tests Free Exercise neutrality, individualized exemptions, public-benefit exclusio...
Citations: U.S. Const. amend. I, Employment Division v. Smith, Church of the Lukumi Babalu Aye v. City of Hialeah, Fulton v. City of Philadelphia, Trinity Lutheran Church of Columbia, Inc. v. Comer, Kennedy v. Bremerton School District
...h textbooks. A federal taxpayer sued, claiming the grants violate the Establishment Clause. A second taxpayer sued to challenge an executive agency's discretionary purchase of religious-themed artwork for agency offices...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
...ment. A federal taxpayer sued, alleging that the statute violates the Establishment Clause. In a separate suit, another federal taxpayer challenged a cabinet secretary's decision to use discretionary agency funds to buy...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is posted. Violations carry civil penalties. A small advocacy group planned to run ads next month, but sued...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
...lation of states and commandeering state officials to enforce federal law. U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
...investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
...ll-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped from another state for di...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
...ut-of-state cheesemaker challenges the law under the dormant Commerce Clause. Which statement is most accurate? The best answer treats the in-state processing requirement as facial discrimination, not as a merely inciden...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
The President issues a pardon to an aide for all completed federal campaign-finance offenses committed during the prior year. State prosecutors later charge the aide under state bribery law based on the same facts, and C...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
City A owns a downtown plaza connected to public sidewalks and regularly opens it for rallies, concerts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "polit...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
...ns. This essay tests the political question doctrine across Guarantee Clause, impeachment, elections, and foreign-affairs settings. U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, R...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
...her purely local personal use cannot be regulated under the Commerce Clause. Which statement is most accurate? The strongest answer treats the homegrown medicine as part of a fungible commodity class that Congress may r...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich
...regation, the broader regulatory scheme, and the Necessary and Proper Clause. This essay tests Congress's ability to reach local economic activity when it is part of a broader interstate...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich, United States v. Lopez
...ge cafeteria. The resident argues that Congress exceeded its Commerce Clause power. Which statement is most accurate? The best answer applies the Lopez and Morrison limit: Congress may not transform local noneconomic vio...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...tement is most accurate? The best answer separates the three Commerce Clause categories and recognizes that local economic transactions may be regulated as part of a class of activity with substantial interstate effects...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, Wickard v. Filburn
...lions of dollars to interstate markets and that, even if the Commerce Clause does not support the purchase requirement, the payment is a valid tax. The manufacturer responds that Congress labeled the provision a "shared...
Citations: U.S. Const. art. I, sec. 8, cl. 1, U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius, Bailey v. Drexel Furniture Co., Sonzinsky v. United States
...o dismiss the indictment, arguing that Congress exceeded its Commerce Clause power. The government argues that drones are modern instrumentalities of commerce, that many drone parts move interstate, and that school safet...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison, Gonzales v. Raich
...agency. The government defends the mandate solely under the Commerce Clause, arguing that people who lack supplies during disasters shift costs to hospitals, charities, and interstate transportation networks. An adult w...
Citations: U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius
...payment. A business without insurance argues that the payment is an unconstitutional penalty rather than a tax. Which statement is most accurate? The best answer treats the exaction functionally: a modest payment collect...
Citations: U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel Furniture Co.
...iry producers challenge all three measures under the dormant Commerce Clause. State B argues that food safety justifies local pasteurization, that the labeling rule applies equally to everyone, and that it may prefer its...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Pike v. Bruce Church, Inc., Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
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