MBE Con Law

Question 1

difference between Art IV vs. 14A privileges and immunities clauses

Answer 1

IV: comity clause; bars state discrimination against citizens of OTHER states, relating to rights of STATE citizenship (e.g. travel, property)

14: no state shall make or enforce law which abridge P&I of citizens of the US; prevents interference with state’s own citizens rights of NATIONAL citizenship (e.g. interstate travel, const rights)

Question 2

what is the dormant commerce clause?

Answer 2

the negative implication of the commerce clause (i.e. the implication from the grant of commerce regulation power to Congress that states can’t unduly burden interstate commerce)

Question 3

two ways dormant commerce clause can be violated

Answer 3

1. discriminatory law (favoring in state over out of state Econ interests)
2. nondiscriminatory law (Pike balancing test - will be upheld UNLESS challenger shows law’s burden on interstate commerce clearly exceeds its local benefits)

Question 4

Pike balancing test

Answer 4

used in Dormant Commerce Clause assessment when law does not discriminate against out of state commerce

challenge successful if challenger shows that law’s burden on IS comm clearly exceeds local benefits

Question 5

when does a private actor qualify as a government actor?

Answer 5

1. private actor performs trad govt function, OR
2. government is significantly involved in private actor’s activities

Question 6

what constitutes significant involvement for the purpose of determining whether a private actor is engaged in state action?

Answer 6

when government
1. has mutually beneficial relationships with private actor
2. creates a nexus by affirmatively facilitation or authorizing private action
3. is pervasively intertwined in private actor’s management or control