LEB 323 Test with Questions with
100% Correct Answers
Commerce Clause - ✔✔(Article 1, Section 8) Congress has power to "regulate
Commerce within foreign nations, and among states"; intended to make common market
Three General Categories of Commerce Regulation - ✔✔oCongress can regulate channels
of interstate commerce
oCongress can regulate/protect instrumentalities of and persons/things in interstate commerce
oCongress can regulate activities that substantially affect interstate/foreign commerce
Gonzales v. Raich - ✔✔-Monson local grew/used marijuana for medicinal purposes;
house was raided and plants destroyed, sued Gonzales
-Challenged idea that growing marijuana locally for personal use affected interstate commerce
-Looked to Wickard v. Filburn precedent: wheat price fixes → man said congress couldn't
constrict his personal wheat production, said giving him an exception would require
more exceptions, aggregate effect affecting interstate commerce
,-Decided CSA was within it's right to regulate the personal cultivation of marijuana because it
would have a substantial effect on supply and demand in the national marijuana market (even
an illicit one)
How federal government limits states' power over commerce:
-Federal Preemption
-Discrimination against interstate commerce
-Unduly burdening interstate commerce - ✔✔-Express: supremacy clause, specify in laws;
Implied: don't directly say it (challenger must prove federal regulation is relatively
comprehensive & strong need for uniform policy);
Direct conflict: state law directly conflicts with federal law (state law void if it's impossible
to comply with both/state law substantially interferes with purpose of federal law)
-Question of intent; interferes with primary authority of Congress/violates Supremacy Clause
(Hunt apple case)
-Question of impact; court balances local interest being furthered against degree of burden
on interstate commerce
Dormant Commerce Clause - ✔✔Implicit limitations on states' regulatory powers
over commerce
Granholm v. Heald - ✔✔NY/MI 3-tier system; Michigan: allows in-state wineries to ship
directly to consumer, out of state wineries banned from direct shipment (discriminatory); New
York: out of state wineries required to establish distribution operation in New York for direct
shipment (discriminatory)
-Tried to use 21st amendment as an excuse ("transportation into a state or possession of the
US for delivery or use of intoxicating liquors is prohibited")→doesn't supercede other areas of
Constitution, so doesn't work
-Also excuses of keeping alcohol from minors (no evidence there would be a problem) and
facilitating tax collection (tax evasion risk is the same as in-state)
Full Faith and Credit Clause - ✔✔"Full faith and credit shall be given in each State to
the public acts, records, and...of every other State"
, -Courts of one state must recognize court judgments of other states
How is the Bill of Rights (federal law) applied to the States? - ✔✔14th Amendment
Due Process Clause
Privileges and Immunities Clause - ✔✔"citizens of each state shall be entitled to
privileges and immunities of the states"; prohibits states from discriminating against
residents of other states merely because of their residency (ex. travel, can get around it if it
is for "a legitimate state interest," like Texans going to UT)
Establishment and Free Exercise Clause - ✔✔Religion; 1st amendment
Is political speech regulated by government? - ✔✔No
Types of Unprotected Speech - ✔✔Defamatory, obscenity, fighting words (provoke violence)
Commercial Speech - ✔✔Protection for advertising if it's lawful and not misleading
Pitt News v. Pappert - ✔✔-Pitt's newspaper banned from using alcohol ads, lost $17K
-Content-based restriction of speech; no evidence that banning ads will substantially
decrease underage alcohol sales
Equal Protection Clause - ✔✔4th Amendment; prevents all levels of government
from making unreasonable distinctions against persons
Equal Protection: Economic and Social Regulation - ✔✔Use rational basis test as lax
standard (need to show government interest in solving some problem)
100% Correct Answers
Commerce Clause - ✔✔(Article 1, Section 8) Congress has power to "regulate
Commerce within foreign nations, and among states"; intended to make common market
Three General Categories of Commerce Regulation - ✔✔oCongress can regulate channels
of interstate commerce
oCongress can regulate/protect instrumentalities of and persons/things in interstate commerce
oCongress can regulate activities that substantially affect interstate/foreign commerce
Gonzales v. Raich - ✔✔-Monson local grew/used marijuana for medicinal purposes;
house was raided and plants destroyed, sued Gonzales
-Challenged idea that growing marijuana locally for personal use affected interstate commerce
-Looked to Wickard v. Filburn precedent: wheat price fixes → man said congress couldn't
constrict his personal wheat production, said giving him an exception would require
more exceptions, aggregate effect affecting interstate commerce
,-Decided CSA was within it's right to regulate the personal cultivation of marijuana because it
would have a substantial effect on supply and demand in the national marijuana market (even
an illicit one)
How federal government limits states' power over commerce:
-Federal Preemption
-Discrimination against interstate commerce
-Unduly burdening interstate commerce - ✔✔-Express: supremacy clause, specify in laws;
Implied: don't directly say it (challenger must prove federal regulation is relatively
comprehensive & strong need for uniform policy);
Direct conflict: state law directly conflicts with federal law (state law void if it's impossible
to comply with both/state law substantially interferes with purpose of federal law)
-Question of intent; interferes with primary authority of Congress/violates Supremacy Clause
(Hunt apple case)
-Question of impact; court balances local interest being furthered against degree of burden
on interstate commerce
Dormant Commerce Clause - ✔✔Implicit limitations on states' regulatory powers
over commerce
Granholm v. Heald - ✔✔NY/MI 3-tier system; Michigan: allows in-state wineries to ship
directly to consumer, out of state wineries banned from direct shipment (discriminatory); New
York: out of state wineries required to establish distribution operation in New York for direct
shipment (discriminatory)
-Tried to use 21st amendment as an excuse ("transportation into a state or possession of the
US for delivery or use of intoxicating liquors is prohibited")→doesn't supercede other areas of
Constitution, so doesn't work
-Also excuses of keeping alcohol from minors (no evidence there would be a problem) and
facilitating tax collection (tax evasion risk is the same as in-state)
Full Faith and Credit Clause - ✔✔"Full faith and credit shall be given in each State to
the public acts, records, and...of every other State"
, -Courts of one state must recognize court judgments of other states
How is the Bill of Rights (federal law) applied to the States? - ✔✔14th Amendment
Due Process Clause
Privileges and Immunities Clause - ✔✔"citizens of each state shall be entitled to
privileges and immunities of the states"; prohibits states from discriminating against
residents of other states merely because of their residency (ex. travel, can get around it if it
is for "a legitimate state interest," like Texans going to UT)
Establishment and Free Exercise Clause - ✔✔Religion; 1st amendment
Is political speech regulated by government? - ✔✔No
Types of Unprotected Speech - ✔✔Defamatory, obscenity, fighting words (provoke violence)
Commercial Speech - ✔✔Protection for advertising if it's lawful and not misleading
Pitt News v. Pappert - ✔✔-Pitt's newspaper banned from using alcohol ads, lost $17K
-Content-based restriction of speech; no evidence that banning ads will substantially
decrease underage alcohol sales
Equal Protection Clause - ✔✔4th Amendment; prevents all levels of government
from making unreasonable distinctions against persons
Equal Protection: Economic and Social Regulation - ✔✔Use rational basis test as lax
standard (need to show government interest in solving some problem)
