...national licensing system for a rare medicinal fungus that is bought and sold in a multistate market. The statute limits commercial production, requires licensed distributors to track shipments, and prohibits unlicensed...
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
Congress enacted a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped...
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
Congress enacted a transportation and food-supply statute with three provisions. The first prohibits placing debris on interstate highways. The second requires warehouses that store cargo arriving by interstate rail to m...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, Wickard v. Filburn
...ng every wheel of cheese produced outside State A to be aged, sliced, and inspected at a facility located in State A before it may be sold to State A grocery stores. Cheese produced in State A may be sold after inspectio...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
...livery van carrying lithium batteries on State B roads to display a standardized hazard label and to keep a digital manifest available for roadside inspection. The rule applies to all carriers, whether based in State B o...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Pike v. Bruce Church, Inc.
State C owns and operates a mill that sells reclaimed lumber from state demolition projects. During a shortage, the mill gives State C residents first priority to buy lumber and charges them 20 percent less than nonresid...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
...eral permits for commercial cultivation, tracks interstate shipments, and prohibits unlicensed possession of more than five mature plants. Congress found that unregulated local cultivation supplies a black market that co...
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
...or within 500 feet of a college campus. The statute applies to public and private colleges, contains no requirement that the assault involve interstate travel or interstate communications, and is supported by findings th...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...How should a court analyze the Act under the Commerce Clause and the taxing power? Discuss activity versus inactivity, market effects, statutory labels,...
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
...drones near schools distract students, increase local policing costs, and may reduce national productivity because education affects the economy. A college student was prosecuted after flying a homemade drone over a publ...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison, Gonzales v. Raich
...y a private emergency-supply kit containing water filters, batteries, and radios. An adult who does not buy a kit must pay a civil penalty to a federal emergency agency. The government defends the mandate solely under th...
Citations: U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius
...revenue and carries no criminal consequence is more likely within the taxing power. U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel...
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.
...eurized, must display a scannable code showing the date, temperature, and facility of pasteurization. Third, State B operates a state-owned cold-storage facility and gives in-state dairy farms first priority to rent spac...
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
...C. Revenue from the tax funds roads, consumer-protection enforcement, and digital-fraud investigations that benefit online transactions in the state. An out-of-state retailer with $3 million in annual State C sales chall...
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
...elivered into the state. The tax applies at the same rate to in-state and out-of-state retailers, is measured only by sales delivered to State D customers, and funds roads, courts, consumer-fraud enforcement, and other s...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
A photographer stood on a public sidewalk and used a high-powered lens to photograph a resident through a small bathroom window while the resident was showering. The photographer kept the image on his phone and did not s...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A federal grand jury investigating bribery by private contractors subpoenaed recordings of Oval Office meetings between the President and senior advisers. The subpoena identifies specific dates and topics and seeks evide...
Citations: U.S. Const. art. II, United States v. Nixon, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
A federal judge is impeached by the House and convicted by the Senate for bribery. The Senate orders removal, disqualification from future federal office, a fine, and six months in prison. Federal prosecutors then indict...
Citations: U.S. Const. art. I, sec. 2, U.S. Const. art. I, sec. 3, Nixon v. United States
...reates a Budget Enforcement Director who must cancel specific federal spending items when statutory deficit targets are missed. The statute provides that Congress may remove the Director by joint resolution at any time f...
Citations: U.S. Const. art. I, U.S. Const. art. II, Bowsher v. Synar, Buckley v. Valeo
...e Director who enforces federal consumer laws, seeks civil penalties, and issues binding rules. The statute permits removal of the Director only for cause and also says Congress may remove the Director by joint resolutio...
Citations: U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
...Act. The Act directs the Environmental Agency to set port-emissions standards "necessary to protect public health while considering cost, technological feasibility, and port reliability." The Act provides that any final...
Citations: U.S. Const. art. I, sec. 1, U.S. Const. art. I, sec. 7, INS v. Chadha, J.W. Hampton, Jr. & Co. v. United States, Whitman v. American Trucking Associations, Inc.
...g military suppliers, the President orders federal officials to seize and operate private factories. Congress had rejected a statute authorizing such seizures and instead provided mediation procedures. Factory owners sue...
Citations: U.S. Const. art. II, Youngstown Sheet & Tube Co. v. Sawyer
...still dangerous. Lee came outside, shouted that Sam was trespassing, and cut the rope. The boat drifted into the rocks, causing major hull damage. Before Lee cut the rope, the boat had rubbed against the dock and caused...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...or taking bribes. The Senate convicted the judge by the required vote and entered judgment removing the judge and disqualifying him from future federal office. The Senate also purported to impose a $100,000 fine. After r...
Citations: U.S. Const. art. I, sec. 2, U.S. Const. art. I, sec. 3, U.S. Const. art. I, sec. 5, U.S. Const. art. I, sec. 6, Powell v. McCormack, U.S. Term Limits, Inc. v. Thornton, Nixon v. United States
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