A toy makers’ union, angry about poor working conditions and low wages, staged a nationwide strike just weeks before the holiday season. Larger toy sellers immediately hired independent toy makers to fulfill the traditionally increased demand for toys during the holidays. Enraged, striking toy makers committed acts of violence against independent toy makers and attempted to destroy shipments of independently made toys as they were being loaded off trucks at toy sellers’ receiving docks. In response to the increasing violence, Congress met in emergency session and enacted a measure directing the President to send military troops to the affected areas to preserve order and to ensure the continued flow of commerce. Is this enactment constitutional?

A city’s airport board that oversees a large international airport in the United States has adopted a policy of reviewing current vendor licensees every three years. During the process, the board reviews customer comments, assesses the utility of the vendor’s services, and reviews the profitability of the vendor (licensees pay rent based on a percentage of their gross profit). The licensee is entitled to present evidence on all of the issues reviewed. The owner of a franchised currency exchange on wheels had a license to operate the cart within the airport until last week, when his license came up for review. After an appropriate hearing, the board refused to renew the owner’s license mainly because of an excessive number of customer complaints. Nevertheless, the owner continued operating his cart pursuant to a license granted to him under the Federal Borders Act that allowed him to operate his cart at all borders or their functional equivalent. A city police officer patrolling the airport asked to see the owner’s license. The owner showed his federal license, but the officer issued the owner a citation because he did not have a city license. Which of the following is the owner’s best constitutional defense?

A package delivery service that operates throughout the United States is based in a southwestern state. The company specializes in transporting packages to airports, where air freight companies or commercial airlines transport the packages to their cities of destination. However, the company’s entire fleet of trucks operate only in the state in which it is based. The company purchased the trucks from dealers within the state. The company’s drivers pick up packages from shippers within the state and the packages are then delivered to an airport located in the state, where employees of the airlines load the packages onto their planes. Each shipper is charged a service fee by the company. The state wishes to impose a 5% transaction tax on each of the fees collected by the company for the services that the company renders in the state. Would the federal courts probably rule that such a tax is constitutional?

State Green passed a statute requiring all commercial trucks passing through the state to use Type A tires, even though all other states permit the use of either Type A or Type B tires on commercial vehicles. The United States Supreme Court struck down the state Green statute and stated in its opinion that Type A and Type B tires are equally safe. Subsequent to the Supreme Court decision, the legislature of state Yellow enacted a statute requiring the use of Type B tires by commercial vehicles and banning the use of Type A tires by commercial vehicles. The statute states that the reason for the prohibition is that Type A tires are dangerous. Which of the following would be the basis for the best argument for striking down the state Yellow statute as unconstitutional?

As part of his official duties, a chief of a state’s department of employment services is expected to set forth guidelines for the payment of unemployment benefits to the state’s unemployed citizens. Because of a recession and high unemployment, the state receives money from the federal government to extend the benefit period for those citizens who have exhausted their usual employment insurance benefits. The chief, however, decided that there are sufficient employment opportunities and terminated the benefits of those persons who were receiving payments from the federal funds. The citizens of the state affected by this administrative decision brought suit in federal district court against the chief for reimbursement of unpaid benefits and declaratory relief prohibiting the chief from withholding funds in the future. After a trial on the merits, the federal district court ordered that the citizens be reimbursed their lost unemployment benefits and that the chief disburse the emergency funds in the future in accordance with federal law and guidelines. The chief appealed to the federal circuit court which upheld the lower court’s decision.How is the Supreme Court likely to rule on the appeal?

Under a program created by Congress, the federal government allocated $5 million to one of the nation’s leading energy producing states “to be used solely for the development of synthetic materials to replace petroleum.” The state accepted the funds and distributed $3 million from those funds to a state university, an agency of the state government. The university applied the $3 million to its ongoing energy research program, which included projects investigating the creation of synthetic replacements for petroleum products, solar power, geothermal power, biomass, and fusion power generation. The Justice Department brings suit in federal district court seeking to enjoin the expenditure of the funds in the university research programs. How should the court rule?

A Congressman was indicted for conspiracy to use improper influence to prevent a tax fraud investigation of his ex-law partner. The prosecution desires to show that, as part of the conspiracy, the Congressman made a speech on the floor of the United States House of Representatives at a relevant time, urging a cutback in appropriations for the Internal Revenue Service. The Congressman’s legislative aide and speechwriter have been called as a witness to the circumstances of the preparation of that speech. The Congressman objects to the calling of his speechwriter.How should the court rule on the objection?

In an effort to protect the dwindling California condor population, Congress enacted the Condor Preservation Act, which made it illegal to take or sell any part of a California condor. The constitutionality of the Act is challenged by a seller of gifts and artifacts, including artifacts made out of California condor feathers. Is the statute valid?

The federal Food and Drug Administration (FDA) has promulgated a regulation that bans the sales of vapor products and e-cigarettes within 1,000 feet of a school, and “any other location where minors under the age of 18 years traditionally gather.”  The purpose of the regulation is to discourage school-age children from smoking. The affected retailers located within 1,000 feet of a school, and “any other location where minors under the age of 18 years traditionally gather” have joined together to oppose the regulation since they are no longer able to sell vapor products or e-cigarettes. The regulation has already gone into effect. The retailers want to file a complaint for injunctive relief against the FDA in federal district court.   What arguments could the retailers reasonably make in their complaint? Consider all forms of justiciability. Discuss.

In a recent statute, Congress passed a bill with the following regulations:  Regulation A, which requires all instructors of persons seeking commercial driving licenses to be certified by federal examiners. The regulation details the criteria for certification, which requires a minimum number of years of experience as a commercial driver and a minimum score on a test of basic communication skills.  Regulation B, which requires that every bus in commercial service be equipped with seatbelts for every seat.  Regulation C provides that states failing to implement adequate measures to ensure that bus seatbelts are actually used will forfeit 10 percent of previously-appropriated federal funds that assist states with highway construction.  The State Driving Academy, which is a state agency that offers driving instruction to persons seeking commercial driving licenses, is considering challenging the validity of Regulation A under the United States Constitution. The Capitol City Transit Company, which is a private corporation that operates buses within the city limits of Capitol City, is considering challenging the validity of Regulation B under the United States Constitution. The State Highway Department, another state agency, is considering challenging the validity of Regulation C under the United States Constitution.  Is there state action? Discuss.  Does Congress have power under the Commerce Clause to enact Regulation A? Discuss.  Does Congress have the power under the Commerce Clause to enact Regulation B? Discuss.  Does Regulation C concern Congress’s Taxing and Spending Power? Discuss.