Essay questions and essay questions and selected answers february 2005 california bar examination the dormant commerce clause prohibits a state from discr. Commerce clause: commerce clause, provision of the us constitution (article i, section 8) that authorizes congress to regulate commerce with foreign nations, and among the several states, and with indian tribes. Constitutional law essay question #1 ricks county is a rural, sparsely populated county of state x there have never been enough female prisoners to make it economically feasible to have separate facilities for them in the ricks.
Essay question 2 the necessary and proper or elastic clause the commerce clause is a grant of power to congress, not an express limitation on the power of. The first question under the dormant commerce clause is whether congress has taken some action that might override or preempt state action under the supremacy clause any validly enacted federal law will trump any state. Constitutional law i constitutional law table of contents part one: powers of the federal government 1 i the judicial power.
Essay question 2 the power of the federal government relative to the power of the states has increased since the ratification of the constitution the clause has. Read this essay on commerce clause come browse our large digital warehouse of free sample essays get the knowledge you need in order to pass your classes and more. Donald e archey business law 102 dr donald noland august 24, 2010 commerce clause before i can give a hypothetical answer to the question, i first must. The commerce clause included the power to regulate local activities so long as those significantly affect interstate commerce in considering the question, a court must consider not the individual act being regulated (a single instance of gun possession), but rather the cumulative effect of all similar acts (ie, the effect of all guns. This example commerce clause essay is published for educational and informational purposes only if you need a custom essay or research paper on this topic read more here.
Start studying constitutional law - review for bar exam mbe & mee (essay) tax invalid under commerce clause to preventing or remedying the violation in. 2 answer a to question 1 1) oilco is asserting that the state x statute violates the 1) commerce clause, 2) the equal protection clause, 3) the due process clause, and 4) the privileges and immunities. Question iv was obviously a commerce clause question here the levels of analysis varied as some students summarized the case law while others applied the law to the facts. Essay #7 -- constitutional law statesville, in state a, has decided that it would be advantageous to the community of statesville commerce clause privileges and. Questions 1 and 2 are based on the following fact pattern: the dormant commerce clause (sometimes called the negative commerce clause) is a judicially.
Dormant commerce clause: advise for analyzing this post will provide the analysis that you should use whenever you come across a dormant commerce clause issue, either on an essay, or on the mbe first, the dormant commerce clause applies to state action. The government regulates commerce among the states in accordance with the commerce clause, however, the question is, what impacts these rights have on the free market this essay will portray how government interference affects the free market and the demand equilibrium. Essay 8 gradesheet 1 clause of the fourteenth amendment question: the challenge to this law initially presents a commerce clause claim. California bar exam tip: if constitutional law is tested and due process and either the commerce clause or dormant commerce clause pay attention to the.
I essay questions and selected answers february 2004 california bar examination this publication contains the six essay questions from the february 2004 california bar. The dormant commerce clause doctrine, while not explicitly mentioned in the constitution, stands for the proposition that, in the absence of federal regulation, state law may stand unless the state legislation in question benefits that state and burdens another state.
To enforce the equal protection clause is summarized in the following basic analysis i preliminary questions a does the court have jurisdiction b is the claim. Constitutional law essay exam #1 constitutional law essay exam #2 question #1 in response to increasing medical knowledge about the genetic source of obesity. We will write a custom essay sample on essay question 2 for you for only $1390/page order now the commerce clause is a grant of power to congress, not an. College essay writing service question explain the key provisions of the commerce clause of the us constitution and why the commerce clause is considered.