Con Law

Question 1

Exceptions to dormant commerce clause principle (that state may not discriminate against out-of-state commerce or unduly burden IC)

Answer 1

1. Market participant exception
2. trad’l gov’t function exception
3. subsidy exception
4. congressionally-permitted discrimination exception

Question 2

TPM Test

Answer 2

Content-neutral regulation of speech in (trad’l/designated) public forum must be:

1. Narrowly tailored;
2. Serve significant gov’t interest; and
3. Leave open ample alt. channels for comm’n

Question 3

Non-public Forum: Gov’t may regulate speech if

Answer 3

1. regulation is VP neutral and
2. reasonably related to legitimate gov’t interest

Question 4

Commercial speech may be prohibited if:

Answer 4

false, misleading, or unlawful

Question 5

Protected commercial speech can only be regulated if:

Answer 5

1. Gov’t interest is subst’l;
2. Reg. directly advances the interest; and
3. Reg. is narrowly tailored

Question 6

Dormant Commerce Clause

Answer 6

limits the power of states to legislate in ways that discriminate against out-of-state commerce OR unduly burden IC

Question 7

A state statute is discriminatory on its face or by its effects

Answer 7

may not violate DCC if the state shows:

1. important state interest &
2. no other non-discriminatory means available to achieve that interest

Question 8

Unduly bruden IC (DCC)

Answer 8

Court balancing test:
1. purpose of the statute;
2. burden on IC; and
3. whether there are less restrictive alternatives

Question 9

As long as Congress has not enacted legislature in a particular area of IC, states are free to regulate

Answer 9

if
1. state statute doesn’t discriminate against out-of-state commerce &
2. unduly burden IC