Con Law

Question 1

Commerce Clause in relation to dormant commerce clause

Answer 1

The commerce clause grants Congress extensive power to regulate interestate commerce, including the power to authorize state legislation that would otherwise violate the dormant commerce clause.

Question 2

when state facility is unlicensed as required by federal law but is complying mostly in practice. can state keep operating as is?

Answer 2

States must comply with all valid federal laws. This includes laws that are passed under Congress’s broad commerce powers, which extend to any activities that substantially affect interstate commerce. Doesn’t matter if states are “mostly complying.”

Question 3

Presidential election process: loyalty oaths for electors

Answer 3

States have power to appoint presidential electors and place conditions on such appointments. Such conditions may include requiring electors to swear an oath that they will cast their electoral vote for the candidate chosen by the state’s popular vote and punishing electors who violate this oath through removal and/or a monetary fine.

Question 4

Content-neutral restirctions on government property

Answer 4

In a public forum, the government’s time, palce, or manner restrictions on speech must:
* be narrowly tailored to serve a substantial government interest; and,
* leave open ample alternative channels of communcation.

This applies to traditiona public forums (e.g., street, sidewalk, park) and designated public forums (e.g., school, civic auditorium).

Question 5

Free exercise of religion burdens of proof

Answer 5

• Incidental burdens = rational basis review: challenger will fail unless challenger shows that the burden has no rational relation to any legitimate government interest; or,
• direct burdens = strict scrutiny: challenger will prevail unless government meets the nearly impossible task of showing the burden is necessary to achieve a compelling government interest.