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Question 1
Frank's Fireworks in Southernstate sells fireworks which are priced lower than the federally mandated prices. He can avoid being subject to the federal pricing requirements because he purchases all the components of his fireworks locally and only sells locally, and the federal law only covers fireworks or fireworks components which are moved between states.. Because he undercuts the competition, Frank has become the number one fireworks store in Southernstate, and stores in surrounding states have begun to suffer. Recently Amazon.com and Gateway Computers have decided to branch out and open fireworks stores modeled after Frank's store. Can anything be done to prevent Frank and the others from side-stepping the fireworks legislation?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The Commerce Clause permits federal regulation of an activity so long as there is a significant cumulative economic effect on interstate commerce.
Incorrect! The Commerce Clause permits federal regulation of an activity so long as there is a significant cumulative economic effect on interstate commerce.
Question 2
Congress is looking to put an end to domestic violence in this country. In a ground-breaking move, Congress passes a bill which would permit victims of domestic violence to file civil suits against their attackers for "destruction of domestic peace." Is the new law authorized by the Commerce Clause?
Correct
Incorrect!
Correct In U.S. v. Morrison, 529 U.S. 598 (2000), the Court noted that to Commerce Clause regulations had been upheld only where the activity is economic in nature. However reprehensible, because domestic violence is not an inherently commercial activity, a cause of action based on victimization can not be supported by appeal to the Commerce Clause.
Incorrect! In U.S. v. Morrison, 529 U.S. 598 (2000), the Court noted that to Commerce Clause regulations had been upheld only where the activity is economic in nature. However reprehensible, because domestic violence is not an inherently commercial activity, a cause of action based on victimization can not be supported by appeal to the Commerce Clause.
Question 3
Recently a federally funded study of public schools determined that we were not, as a nation, producing children who would optimize their earning potential. The lost wages have been estimated to be well into the billions. The study suggested that eliminating all current athletic programs nationwide and establishing a mandatory hour of yoga for each student 3 times per week would significantly increase students' earning potentials. The study itself is flawless and incontrovertible. Based on these findings, Congress passes a bill which puts the recommendation into effect. When a parents; coalition sues, the government defends citing the Commerce Clause. Will the defense succeed?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Because the activity regulated here is not inherently commercial, the Commerce Clause can not be used to support the legislation. Otherwise, anything related to education which could be shown to affect a student's future earnings would be subject to Commerce Clause power. See U.S. v. Lopez, 514 U.S. 549 (1995).
Incorrect! Because the activity regulated here is not inherently commercial, the Commerce Clause can not be used to support the legislation. Otherwise, anything related to education which could be shown to affect a student's future earnings would be subject to Commerce Clause power. See U.S. v. Lopez, 514 U.S. 549 (1995).
Question 4
Following extensive studies, Congress finds that the high-powered dryers used by many hair salons emit harmful gases which exacerbate people's allergies, causing them to travel less frequently to certain areas of the country where their increasingly-sensitive allergies are affected In response, Congress passes a law under which every hair salon will be limited in the amount of time they run their dryers any given month. Is this a valid exercise of Commerce Clause power?
Correct Because the activity (paying for personal services at the hair salon) is within the meaning of 'commerce,' and because in the aggregate the activity has a substantial effect on interstate commerce, this statute would likely be upheld. Although (d) raises a good question regarding the enforceability of the law, that has no effect on whether it is valid under the Commerce Clause.
Incorrect! Because the activity (paying for personal services at the hair salon) is within the meaning of 'commerce,' and because in the aggregate the activity has a substantial effect on interstate commerce, this statute would likely be upheld. Although (d) raises a good question regarding the enforceability of the law, that has no effect on whether it is valid under the Commerce Clause.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
America is a nation of individuals in debt. In order to help consumers find their way back to full solvency Congress passes the Debt-Free Consumer Act which, among other things, makes it a criminal act to "extend credit in an extortionary manner" (loansharking). Northernstate uses the federal law to convict a local man commonly thought to be involved in organized crime. Is this application of the federal law valid under the Commerce Clause?
Correct
Incorrect!
Correct In 1971 the Court made clear that laws like the hypothetical act above can be constitutionally applies to loansharks even if the activity occurs entirely within a single state. See Perez v. U.S., 402 U.S. 146 (1971). Because the activity here is of a commercial nature it is unlikely that the Lopez clarification permitting aggregation of only commercial activities would lead to different result in Lopez if brought again today.
Incorrect! In 1971 the Court made clear that laws like the hypothetical act above can be constitutionally applies to loansharks even if the activity occurs entirely within a single state. See Perez v. U.S., 402 U.S. 146 (1971). Because the activity here is of a commercial nature it is unlikely that the Lopez clarification permitting aggregation of only commercial activities would lead to different result in Lopez if brought again today.