...nce and that the headquarters credit discriminates against interstate commerce. State C argues that the tax is limited to in-state sales and funds services used by online retailers. Is State C's tax valid under the dorma...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
...in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: physical presence is not required when a remote seller deliberately makes substantial sales into the state. U.S. Const. art...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
...a landfill-emergency statute providing that, notwithstanding dormant Commerce Clause limitations, any state facing certified landfill shortages may impose a surcharge on nonhazardous solid waste shipped from another sta...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Prudential Insurance Co. v. Benjamin, Western & Southern Life Insurance Co. v. State Board of Equalization
...ion. An out-of-state cheesemaker challenges the law under the dormant Commerce Clause. Which statement is most accurate? The best answer treats the in-state processing requirement as facial discrimination, not as a merel...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Dean Milk Co. v. City of Madison
...The best answer states the scope and limits of the Article II pardon power. U.S. Const. art. II, sec. 2, Ex parte Garland
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
...gues that her purely local personal use cannot be regulated under the Commerce Clause. Which statement is most accurate? The strongest answer treats the homegrown medicine as part of a fungible commodity class that Congr...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich
...her home cultivation is local, noncommercial, and authorized by state law. The government argues that Congress may regulate even local possession to prevent diversion into the interstate market and to make the broader pe...
Citations: U.S. Const. art. I, sec. 8, cl. 3, U.S. Const. art. I, sec. 8, cl. 18, Wickard v. Filburn, Gonzales v. Raich, United States v. Lopez
...ate college cafeteria. The resident argues that Congress exceeded its Commerce Clause power. Which statement is most accurate? The best answer applies the Lopez and Morrison limit: Congress may not transform local noneco...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison
...A grain buyer challenges all three provisions as exceeding Congress's commerce power. Which statement is most accurate? The best answer separates the three Commerce Clause categories and recognizes that local economic tr...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, Wickard v. Filburn
...shift billions of dollars to interstate markets and that, even if the Commerce Clause does not support the purchase requirement, the payment is a valid tax. The manufacturer responds that Congress labeled the provision a...
Citations: U.S. Const. art. I, sec. 8, cl. 1, U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius, Bailey v. Drexel Furniture Co., Sonzinsky v. United States
...drone, the camera, or the possessor have any connection to interstate commerce. Congressional findings state that drones near schools distract students, increase local policing costs, and may reduce national productivity...
Citations: U.S. Const. art. I, sec. 8, cl. 3, United States v. Lopez, United States v. Morrison, Gonzales v. Raich
...emergency agency. The government defends the mandate solely under the Commerce Clause, arguing that people who lack supplies during disasters shift costs to hospitals, charities, and interstate transportation networks. A...
Citations: U.S. Const. art. I, sec. 8, cl. 3, National Federation of Independent Business v. Sebelius
...and carries no criminal consequence is more likely within the taxing power. U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel Furnit...
Citations: U.S. Const. art. I, sec. 8, cl. 1, National Federation of Independent Business v. Sebelius, Sonzinsky v. United States, Bailey v. Drexel Furniture Co.
...-state dairy producers challenge all three measures under the dormant Commerce Clause. State B argues that food safety justifies local pasteurization, that the labeling rule applies equally to everyone, and that it may p...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Philadelphia v. New Jersey, Pike v. Bruce Church, Inc., Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
...ond to battery fires. The seller challenges the law under the dormant Commerce Clause. Which statement is most accurate? The best answer uses Pike balancing because the rule applies to all carriers and targets battery sa...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Pike v. Bruce Church, Inc.
...both the priority discount and the labor condition under the dormant Commerce Clause. Which statement is most accurate? The best answer distinguishes the state's own sale of lumber from an attempt to control constructio...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Reeves, Inc. v. Stake, South-Central Timber Development, Inc. v. Wunnicke
...dent issued three executive orders. Order 1 directed the Secretary of Commerce to seize and operate privately owned server farms that host rail-dispatch software, even though Congress had considered but rejected a statut...
Citations: U.S. Const. art. II, Youngstown Sheet & Tube Co. v. Sawyer, Zivotofsky v. Kerry, Train v. City of New York
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is posted. Violations carry civil penalties. A small advocacy group planned to run ads next month, but sued...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
...lation of states and commandeering state officials to enforce federal law. U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
...investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
A federal wage statute requires employers engaged in interstate commerce to pay overtime after 40 hours per week. The statute applies to private bus companies and to state-owned transit authorities. A state transit autho...
Citations: U.S. Const. amend. X, Garcia v. San Antonio Metropolitan Transit Authority
...reates an agency headed by one Director who enforces federal consumer laws, seeks civil penalties, and issues binding rules. The statute permits removal of the Director only for cause and also says Congress may remove th...
Citations: U.S. Const. art. II, Myers v. United States, Humphrey's Executor v. United States, Bowsher v. Synar, Seila Law LLC v. Consumer Financial Protection Bureau
...ent actions in federal court. The statute also creates administrative law judges who conduct adversarial hearings, issue initial decisions, and impose penalties unless the Director reviews them. The Director appoints tho...
Citations: U.S. Const. art. II, sec. 2, Buckley v. Valeo, Morrison v. Olson, Edmond v. United States, Lucia v. SEC, Free Enterprise Fund v. Public Company Accounting Oversight Board, Seila Law LLC v. Consumer Financial Protection Bureau
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
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