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, 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 federal statute makes it a crime to “take a motor vehicl…”…

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?

The North Carolina Department of Agriculture issued a regulation banning the use of state grades on closed containers of apples sold in the state. The regulation specified that the only grade that could be used was the grade approved by the United States Department of Agriculture. Apple growers in Washington objected to this regulation, noting that they had spent a considerable amount of money developing a grading system acknowledged by those in the industry as being superior to the federal grading system. North Carolina, which also produces apples for sale, has no state grading system. In their lawsuit, the Washington apple growers allege the regulation was motivated by a discriminatory purpose. Which of the following would not be helpful in demonstrating discriminatory purpose?

The Federal Arbitration Act (“FAA”) requires enforcement of a “written provision in . . . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract . . . shall be valid, irrevocable, and enforceable.” 9 U.S.C. § 2. Prior case law has interpreted “involving commerce” to mean “affecting commerce.” Jerry lives in a state with laws that disfavor arbitration clauses, and defaults on a loan to a state bank whose loan officer Jerry claims defrauded him. When the bank secures an order requiring arbitration, Jerry cries foul. Congress, he argues, has exceeded its commerce power in ordering intrastate disputes arbitrated, contrary to the declared public policy of the state. Which of the following argument(s) is/are helpful to the bank seeking enforcement?

Certain states (notably New York) permit rental car agencies to be sued for negligence committed by a person to whom the agency rented a car. Recently, Congress enacted the so-called Graves Amendment as part of a larger transportation bill. The Graves Amendment reads, in relevant part: a) In general.—An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if— the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner). 49 U.S.C. § 30106. The practical effect of the Graves Amendment is to preempt causes of action for negligent entrustment against or imposing vicarious liability on car rental agencies. Several suits have been filed alleging that the Graves Amendment exceeds Congress’s commerce power. Which of the following descriptions of the amendment would be helpful in crafting arguments in favor of the statute’s constitutionality?

The United States Surgeon General was cited for contempt for refusing to answer questions as part of a Senate investigation regarding an issue in the Food and Drug Administration. His contempt citation will be dismissed if he can show which of the following?

State biologists in Maine have learned that parasites have been diminishing fish stocks in other states. To preserve its native fish population, which has so far avoided contamination, the legislature passes a law banning the importation of baitfish into the state from other states. Biologists testify that the ban is the only way to ensure that the parasites won’t infect native fish stocks because there is no efficient way to test incoming baitfish for the parasite. Out-of-state baitfish suppliers sue, claiming the Maine law violates the Dormant Commerce Clause Doctrine (DCCD). A reviewing court should:

To stabilize state corn prices, a state purchased large quantities of corn from resident farmers and converted the corn into biodegradable plastics. The state then sold the plastics to state residents at cost and to out-of-state residents at cost plus 25%. An out-of-state corporation purchased biodegradable plastics from the state at a cost substantially below the price other companies charge. Nevertheless, the corporation believes that it is unconstitutional for the state to charge out-of-state purchasers more than resident purchasers. The out-of-state corporation, therefore, brings suit in federal court challenging the state pricing scheme. Assuming that the court has jurisdiction, should it uphold the constitutionality of the pricing scheme?