Con Law - 1L Exams with Correct
Solutions
1. Judicial Review comes from... correct answer:Marbury v. Madison
2. Necessary and Proper Clause correct answer:The powers of Congress are limited, but
Congress must have discre-
tionary powers on how to execute its authority
3. Commerce Clause correct answer:Current Lopez Framework:
Congress may regulate using CC:
1. Channels
2. Instrumentalities
3. Substantial ettect
a. If economic -> aggregate (Wickard)
b. If non-economic then don't aggregate (Lopez)
4. Anti-Commandeering Doctrine correct answer:Congress may not commandeer a state
legislature to make them act in a particular manner, but may require the states to enforce a law
(what to enforce, but not how to enforce it)
5. Field Preemption correct answer:The scheme of federal regulation is so pervasive as to make
reasonable the inference that Congress has left no room for the states (See Arizona)
6. Conflict Preemption correct answer:Where compliance with both the state and federal
regulations is physically impossi- ble (See Florida Lime)
7. Obstacle Preemption correct answer:State laws stands as an obstacle to the accomplishment
and purpose of a Congres- sional objective
8. Dormant Commerce Clause correct answer:State and local laws are presumptively
unconstitutional if they place an undue burden on interstate commerce (discrimination against out-
of-staters)
9. If a state's law discriminates against out-of-staters correct answer:Presumptively
invalid, unless the state provides a compelling reason for the law and evidence that there is no
other non-discriminatory way to achieve its goal
10. Three Taxing and Spending Limitations correct answer:From Dole:
1/
9
, 1. Unambiguous
2. Related to a federal interest
3. Non-coercive
11. Executive's ability to act correct answer:From Jackson's Concurrence in
Youngstown:
1. If expressly authorized -> fine
2/
9
Solutions
1. Judicial Review comes from... correct answer:Marbury v. Madison
2. Necessary and Proper Clause correct answer:The powers of Congress are limited, but
Congress must have discre-
tionary powers on how to execute its authority
3. Commerce Clause correct answer:Current Lopez Framework:
Congress may regulate using CC:
1. Channels
2. Instrumentalities
3. Substantial ettect
a. If economic -> aggregate (Wickard)
b. If non-economic then don't aggregate (Lopez)
4. Anti-Commandeering Doctrine correct answer:Congress may not commandeer a state
legislature to make them act in a particular manner, but may require the states to enforce a law
(what to enforce, but not how to enforce it)
5. Field Preemption correct answer:The scheme of federal regulation is so pervasive as to make
reasonable the inference that Congress has left no room for the states (See Arizona)
6. Conflict Preemption correct answer:Where compliance with both the state and federal
regulations is physically impossi- ble (See Florida Lime)
7. Obstacle Preemption correct answer:State laws stands as an obstacle to the accomplishment
and purpose of a Congres- sional objective
8. Dormant Commerce Clause correct answer:State and local laws are presumptively
unconstitutional if they place an undue burden on interstate commerce (discrimination against out-
of-staters)
9. If a state's law discriminates against out-of-staters correct answer:Presumptively
invalid, unless the state provides a compelling reason for the law and evidence that there is no
other non-discriminatory way to achieve its goal
10. Three Taxing and Spending Limitations correct answer:From Dole:
1/
9
, 1. Unambiguous
2. Related to a federal interest
3. Non-coercive
11. Executive's ability to act correct answer:From Jackson's Concurrence in
Youngstown:
1. If expressly authorized -> fine
2/
9
