Fe bruary 2012 Bar Examination Sample Answers.
DORMANT COMMERCE CLAUSE AND STATE REGULATION Three prong test to determine if a state’s regulation of commerce is allowed under the CC: 1.Regulation pursues a legitimate state end; 2.Regulation is rationally related to that end; and 3.Balancing: The burden on interstate commerce is outweighed by the state’s need for the regulation. Sample.
Take a law school essay practice exam in Constitutional Law, with model answers included.. The cattle producer argues that the Act is unconstitutional under the Dormant Commerce Clause. More specifically, the producer argues that Provision 1 violates the Dormant Commerce Clause by preventing out-of-state cattle producers from relying on.
Application of the dormant commerce clause to state taxation is another manifestation of the Court's holdings that the Commerce Clause prevents a State from retreating into economic isolation or jeopardizing the welfare of the Nation as a whole, as it would do if it were free to place burdens on the flow of commerce across its borders that commerce wholly within those borders would not bear.
A commerce clause claim thus does not appear to be promising. There is also an argument that commercial truckers are being discriminated against which raises an equal protection claim. By requiring only commercial truckers to bear the cost of the ' regulation, the state has created an economic classification. The standard of review under such.
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