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?

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?

The United States was involved in a dispute with a small isl…

The United States was involved in a dispute with a small island nation over the ownership of an archipelago. On discovering that the archipelago was rich in oil, the President announced that he would appoint an ambassador to negotiate a treaty with the island nation to jointly exploit the oil reserve. A majority of Senators believed that the island clearly belonged to the United States and did not want to negotiate with the island nation. They passed a resolution requiring the President to include a Senator in his diplomatic mission to ensure that the Senate’s view was presented in any negotiation with the island nation. What is the strongest constitutional ground for the President’s refusal to do so?