In compliance with a federal statute that permits government…

In compliance with a federal statute that permits government agencies to sell or give away surplus government property, the Secretary of State directed that one of the State Department’s surplus airplanes be given to a church. The Secretary knew that the church planned to use the plane to fly medical supplies to its missions in Third World countries. These missions provide medical assistance, but they also attempt to evangelize residents of the countries in question, and the Secretary was aware that, in addition to medical supplies, the plane might transport Bibles and religious tracts translated into local languages. Had the Secretary not ordered the plane to be given to the church, it would have been sold at a very reasonable cost to a nonprofit organization that helps teach young people the fundamentals of piloting and maintaining aircraft. Which of the following parties would be most likely to have standing to sue to prevent the Secretary of State from making the gift to the church?

During extensive hearings, a state legislature determined th…

During extensive hearings, a state legislature determined that double tractor-trailer rigs—trucks consisting of a tractor (the motorized portion) towing two large, connected trailers—caused the roadway to deteriorate faster than other freight vehicles and autos because of their weight. Traffic safety experts also produced evidence showing that double tractor-trailer vehicles were involved in more accidents than other freight vehicles, primarily due to “jackknifing,” where the rear trailer loses traction and swerves violently, causing the entire vehicle to be upended. Consequently, the legislature passed a statute requiring the owners and users of double tractor-trailer vehicles to pay a user’s fee, in addition to normal vehicle licenses, of 10 cents per mile traveled over state highways and an annual registration fee of $5,000. The owner of 30 tractors in a neighboring state that almost exclusively pull double trailer rigs through the state imposing the fees determined that about 30% of the total mileage of all of the owner’s vehicles is accumulated in that state, and that there is no easy way to avoid traveling through that state to get to the delivery destinations in other states. The mileage fees and registration fees for 30 trucks in a year would be about 60% of the owner’s gross annual income. The owner brought suit in federal district court seeking a judicial declaration that the fees imposed by the state statute are unconstitutional. At trial, attorneys for the state produced evidence of highway destruction and safety hazards from the double tractor-trailer rigs as found by legislative committee hearings. The owner proved the relevant facts about his operations and the cost the statute would impose. If the court finds the tax unconstitutional, what is the most likely reason?

A state statute was struck down by the supreme court of the…

A state statute was struck down by the supreme court of the state on the grounds that it was in conflict with the Supremacy Clause of the United States Constitution as well as the Equal Protection Clause of the state constitution. Does the United States Supreme Court have jurisdiction to hear an appeal of the state supreme court’s decision?

A federal statute makes it a crime to “take[] a motor vehicl…

A federal statute makes it a crime to “take[] a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation,” with “the intent to cause death or serious bodily harm.” Jack is convicted of violating this statute, but, having heard about Lopez, appeals his conviction on the grounds that it exceeds Congress’s constitutional authority. Jack’s conviction should be:

As an aide to a member of the Congress of the United States,…

As an aide to a member of the Congress of the United States, you are expected to provide an analysis of the constitutionality of proposed legislation that your employer is called to vote on. A bill has been proposed that would create a mandatory price schedule for every motor vehicle sold in the United States. Which of the following should you tell your employer is the strongest constitutional basis for the proposed legislation?

A state statute provides: “Any merchant desiring to sell wit…

A state statute provides: “Any merchant desiring to sell within this state any product or goods manufactured outside of the United States must (i) obtain a special license from the state for $50 and (ii) clearly mark the goods as to specify their country of origin.” The statute makes it a misdemeanor for any merchant to willfully sell goods without complying with these statutory requirements. Which of the following statements is correct regarding the constitutionality of the statute?