Conlaw finals finals finals

Question 1

2 scenarios?

Answer 1

1. Congress has legislated
2. Congress has not legislated

Question 2

[Legislated]
What are your arguments?

Answer 2

1. Supremacy Clause
2. CC + NP [McCulloch v. Maryland]
3. Channels of IC / Burdens placed
4. Preemption [Express, Conflict, field]
5. Consent

Question 3

[Legislated]
Case for citing N&P + CC

Answer 3

1. McCulloch v. Maryland
2. Comstock

Question 4

[Legislated]
Authority of IC [3 categories]

Answer 4

1. Channels
2. Instrumentalities
3. Affectation doctrine [Wickard v. Filburn, Gonzalez v. Raich]

Question 5

[Legislated]
Preemption categories?

Answer 5

1. Express [direct legislation, nothing left for states]
2. Conflict [states can always try again]
3. Field [immigration]

Question 6

[Legislated]
Examples of consent?

Answer 6

1. Biden team consented to CA EPA regs.
2. Trump team did not consent.

Question 7

[N Legislated]
What are your general arguments?

Answer 7

1. DCC
2. Legitimate purpose + non-discrim. option [Maine v. Taylor]
3. Then, even if #2 is passed, may still be prohibited if fails undue burden test.
4. UDB test: Pike v. Bruch church

Question 8

[N Legislated]
What is the Maine v. Taylor test?

Answer 8

(1) Legitimate gov. function + (2) non-discriminatory option. [Hughes v. Oklahoma was the opposite.]

Question 9

[N Legislated]
If passed the Hughes test?

Answer 9

Pike v. Bruce church: If undue burden on IC or clearly excessive, it is still prohibited.

“A state law that furthers a legitimate local public interest and only incidentally affects interstate commerce will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits.”

Question 10

[N legislated]
Last parting shots?

Answer 10

1. P&I clause
2. NUS test

Question 11

[N Legislated]
P&I

Answer 11

1. protects those rights fundamental to national economic union.
2. US citizens only
3. Cant bring against own state

Question 12

[N Legislated]
NUST?

Answer 12

In absence of NUS, we have conflicting regulations causing trouble in national industries.

Question 13

“Arizona made a law requiring all cantaloupes to be packed in standard containers. Bruce Church, a cantaloupe grower, used to ship its fruits to California in uncrated containers. When the state official stopped them from doing this, they sued, saying they didn’t have the right equipment and it would cost them $700,000. The lower court said the law was not constitutional.”

Answer 13

Pike v. Bruch Church

Question 14

Cantelopes?

Answer 14

Pike v. Bruch Church

Question 15

Robert Taylor, who owned a bait business in Maine, tried to bring in a lot of minnows from other states to sell. But Maine had a law against this because they were worried about new harmful parasites hurting their own fish. Taylor was charged with breaking this law and he said it was an unconstitutional burden on interstate commerce. The lower courts had different opinions about this, so the case went to the Supreme Court.

Answer 15

Maine v. Taylor

Question 16

Minnows?

Answer 16

Maine v. Taylor & Hughes v. Oklahoma