Comments on: MBE Question of the Day #49 http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/ All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review Tue, 07 Feb 2012 20:33:11 +0000 hourly 1 http://wordpress.org/?v=3.2 By: Maryann Herman http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-970 Maryann Herman Wed, 17 Feb 2010 15:33:21 +0000 http://barexambrief.com/?p=921#comment-970 Answer A is correct. Congress can clearly regulate the type of mudguards required on trucks under the Commerce Clause because this issue could clearly affect interstate commerce. Answer B is incorrect. Because Congress has plenary power to regulate interstate commerce, the Court need not find that state regulation of the issue is a substantial burden on commerce. Congress can regulate matters related to interstate commerce even if state regulations are not inconsistent and do not burden interstate commerce. Answer C is incorrect. Because Congress has plenary power to regulate interstate commerce, the Court must defer to Congress when it enacts legislation even if that legislation substantially burdens commerce and even if that legislation is at odds with existing state statutes. Answer D is incorrect. In general, states are free to regulate roads within their boundaries, but not when Congress regulates a matter which affects interstate commerce. Then, because Congress has plenary power to regulate interstate commerce, the Court must defer to Congress' commerce power because that authority supersedes the states' Tenth Amendment authority. Answer A is correct. Congress can clearly regulate the type of mudguards required on trucks under the Commerce Clause because this issue could clearly affect interstate commerce.

Answer B is incorrect. Because Congress has plenary power to regulate interstate commerce, the Court need not find that state regulation of the issue is a substantial burden on commerce. Congress can regulate matters related to interstate commerce even if state regulations are not inconsistent and do not burden interstate commerce.

Answer C is incorrect. Because Congress has plenary power to regulate interstate commerce, the Court must defer to Congress when it enacts legislation even if that legislation substantially burdens commerce and even if that legislation is at odds with existing state statutes.

Answer D is incorrect. In general, states are free to regulate roads within their boundaries, but not when Congress regulates a matter which affects interstate commerce. Then, because Congress has plenary power to regulate interstate commerce, the Court must defer to Congress’ commerce power because that authority supersedes the states’ Tenth Amendment authority.

]]> By: Steve http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-969 Steve Wed, 17 Feb 2010 15:10:58 +0000 http://barexambrief.com/?p=921#comment-969 A. Congressional power has the power to regulate interstate commerce. A. Congressional power has the power to regulate interstate commerce.

]]> By: ThomCA http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-966 ThomCA Wed, 17 Feb 2010 02:51:29 +0000 http://barexambrief.com/?p=921#comment-966 A - clearly There is no requirement that the Federal goverment find state regulations burden interstate commerce before enacting Federal commerce laws. The "burden on commerce" test is a basis for Constitutionally striking down state laws. A – clearly

There is no requirement that the Federal goverment find state regulations burden interstate commerce before enacting Federal commerce laws. The “burden on commerce” test is a basis for Constitutionally striking down state laws.

]]> By: Ken http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-964 Ken Tue, 16 Feb 2010 22:05:03 +0000 http://barexambrief.com/?p=921#comment-964 B -- the only if...makes it true....the act is upheld as constitutional only if (once) when states are violating and putting a burden on interstate commerce.... B

– the only if…makes it true….the act is upheld as constitutional only if (once) when states are violating and putting a burden on interstate commerce….

]]> By: mimi http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-963 mimi Tue, 16 Feb 2010 19:56:42 +0000 http://barexambrief.com/?p=921#comment-963 answer A. 2. When Congress regulates interstate commerce, conflicting state laws are superseded and even non-conflicting state/local laws may be preempted. 3. Congress may permit / prohibit state regulations that would violate / be upheld under the Commerce Clause (but not civil liberties) 4. if the activity is non-commercial there must be stronger and more significant link between the activity and interstate commerce, the constitutionality will depend on the link 5. If it is commercial, the court will usually find that the activity will have an affect on interstate commerce answer A. 2. When Congress regulates interstate commerce, conflicting state laws are superseded and even non-conflicting state/local laws may be preempted.
3. Congress may permit / prohibit state regulations that would violate / be upheld under the Commerce Clause (but not civil liberties)
4. if the activity is non-commercial there must be stronger and more significant link between the activity and interstate commerce, the constitutionality will depend on the link
5. If it is commercial, the court will usually find that the activity will have an affect on interstate commerce

]]> By: kb http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-962 kb Tue, 16 Feb 2010 19:51:57 +0000 http://barexambrief.com/?p=921#comment-962 A. I like B but dont like the ONLY if they find it a substantial burden. Im gonna stick with A A. I like B but dont like the ONLY if they find it a substantial burden. Im gonna stick with A

]]> By: LDL http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-961 LDL Tue, 16 Feb 2010 19:27:02 +0000 http://barexambrief.com/?p=921#comment-961 Followup: The present scheme of regulation IS a substantial burden on commerce because trucks would have to change mudflaps upon going into Illinois, but I'm not sure I like the idea of "only if" found in B. I believe Congress is free to regulate interstate commerce as it sees fit. D is wrong because Congress can interfere with the states' police power to regulate the roads that belong with states IF it is a substantial burden on interstate commerce. Followup: The present scheme of regulation IS a substantial burden on commerce because trucks would have to change mudflaps upon going into Illinois, but I’m not sure I like the idea of “only if” found in B. I believe Congress is free to regulate interstate commerce as it sees fit.

D is wrong because Congress can interfere with the states’ police power to regulate the roads that belong with states IF it is a substantial burden on interstate commerce.

]]> By: BV http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-960 BV Tue, 16 Feb 2010 18:58:40 +0000 http://barexambrief.com/?p=921#comment-960 I like A. Congress can regulate instrumentalities (e.g. trucks) of interstate commerce. It has the power to regulate any activity, whether carried on in one state or many, which has any appreciable effect on interstate commerce. I like A. Congress can regulate instrumentalities (e.g. trucks) of interstate commerce. It has the power to regulate any activity, whether carried on in one state or many, which has any appreciable effect on interstate commerce.

]]> By: gmevans http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-959 gmevans Tue, 16 Feb 2010 18:45:29 +0000 http://barexambrief.com/?p=921#comment-959 I believe the best answer is A. I think B is incorrect, b/c of the "only if" clause. I believe the best answer is A. I think B is incorrect, b/c of the “only if” clause.

]]> By: Bartaker http://barexambrief.com/2010/02/16/mbe-question-of-the-day-49/comment-page-1/#comment-958 Bartaker Tue, 16 Feb 2010 18:02:15 +0000 http://barexambrief.com/?p=921#comment-958 I think it's B. There was a case about this in con law. It's unconstitutional because it hinders interstate commerce...I mean really, forcing the drivers to stop and change their mud flaps at every state? I think it’s B. There was a case about this in con law. It’s unconstitutional because it hinders interstate commerce…I mean really, forcing the drivers to stop and change their mud flaps at every state?

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