Constitutional Law

Question 1

How does the Dormant Commerce Clause feel about out-of-staters?

Answer 1

The Dormant Commerce Clause prohibits states from unduly burdening interstate commerce. State laws that intentionally discriminate against out-of-staters are disfavored, and will only stand if it (1) furthers an important, non-economic state interest like heath or safety, and (2) there are no reasonable alternatives available.

Question 2

When are law based on alienage subject to strict scrutiny!

Answer 2

Laws based on alienage are ALWAYS subject to strict scrutiny, unless they are about participation in state government

Question 3

When are law based on alienage subject to strict scrutiny!

Answer 3

Laws based on alienage are ALWAYS subject to strict scrutiny, unless they are about participation in state government

Question 4

When are state laws based on alienage subject to rational basis?

Answer 4

State laws based on alienage are subject to rational basis ONLY if the law is regarding participation in state government