Con Law Final Exam Review Questions And All Complete Solutions.
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Course
Montana Laws and Rules
Institution
Montana Laws And Rules
The State of Warner is one of the few with a population of a rare animal, the yellow-bellied sapsucker. A state statue forbids hunting and trapping yellow bellied sapsuckers and authorizes game wardens to seize and destroy any traps they find. A federal consumer safety regulation regulates the desi...
Con Law Final Exam Review Questions
And All Complete Solutions.
The State of Warner is one of the few with a population of a rare animal, the yellow-bellied sapsucker. A
state statue forbids hunting and trapping yellow bellied sapsuckers and authorizes game wardens to
seize and destroy any traps they find. A federal consumer safety regulation regulates the design of such
traps to prevent them from pinching the finger of people who set the traps. Does the federal regulation
preempt the state statute? Explain. - Answer No, the federal regulation does not preempt the state
statute. These laws are regulating two separate things.
The New Jersey state legislature recently enacted the Waste Control Act which provides:
1. No person shall bring into this State, or accept for disposal in this state, any solid or liquid waste which
originated or was collected outside the territorial limits of this state. The section shall not apply to:
a. Garbage to be fed to swine in the State of New Jersey
b. Any separate waste material, including newsprint, paper, glass and metals, that is free rotten garbage
and not mixed with any other solid or liquid waste that is intended for a recycling facility
c. Solid waste that is to be separated or processed into usable secondary materials, including fuel and
heat, at a resource recovery facility.
For years, the city of Philadelphia has been dumping in South Jersey garbage that can't be handled by its
incinerators. A suit is brought in federal court by the Mayor of Philadelphia to enjoin application of the
New Je - Answer unconstitutional, because it unduly burdens interstate commerce
The State of Happyface enacts a law providing that foreign corporations must pay a fee to operate in the
state, whereas domestic corporations do not. Lovett R. Leavitt, Inc., a foreign corporation, claims that the
statute violates the interstate privileges and immunities clause. Does it? Explain. - Answer No this
statute does not violate the interstate privileges and immunities clause because the clause only applies
to citizens not corporations.
, The 105th Congress enacts a statute regulating what appears to be a matter of purely local commerce,
even though Congress claims the activity involves interstate commerce. What standard of review will the
Court use in determining whether Congress can regulate the activity? Explain. - Answer Any rational
relationship between what is being regulated and interstate commerce.
In order to insure safety of drugs, a federal law was enacted which provided that certain, designated
drugs, which cross state boundary lines, shall be in "sealed, metal containers." One of these drug was
tribananol, which was manufactured exclusively in the state of Corpus. Other designated drugs were
manufactured in other states.
Subsequent to the federal enactment, the governor of Corpus signed into law a statute requiring all
drugs (including tribananol) shipped within Corpus to be "sealed in plastic containers." The preamble to
the statute announced the state's concern with the safe shipment of drugs.
If challenged, the statute would be found: - Answer unconstitutional under the supremacy clause
What provision(s) of the Constitution gives the federal government general police powers? Explain. -
Answer No provision of the constitution gives the federal government police powers. Only states have
police powers.
The Federal Motor Vehicle Safety Act provides, in part, that car companies may use seatbelts to meet
federal occupant crash protection standards. Furthermore, the Act provides that "no state shall have any
authority to establish, or to continue in effect, any motor vehicle safety standard that is not identical to
the federal standard" applicable to the same aspects of vehicle performance. Quasimodo is disfigured in
a car accident. He brings a product liability suit in state court against Field Marshal Motors, the
manufacturer of his car, alleging a design defect in that his car lacked air bags. Under the state common
law the lack of airbags could constitute a design defect. Does the federal statute preempt the state law?
Explain. - Answer The federal law preempts because it says that any state law must be identical.
In order to cut the federal deficit, Congress decides to levy a tax on grain exported to other countries. On
what basis could this tax be challenged? - Answer unconstitutional based on Article 1, section 9 that
forbids Congress from taxing exports.
The County of Guernsey adopted a Pure Milk and Dairy Act which provided that "no milk or diary
products could be sold within the County which had not gone through a pasteurization process in plants
inspected by a licensed county inspector." The local inspectors had no authority to inspect pasteurization
plants outside of the County. As a consequence, under the County ordinance, milk and dairy products
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