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?

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 contractor employed by the state was owed $10,000 in back wages by a real estate developer for remodeling work he had completed six months earlier. Pursuant to a state law regulating delinquent payment of wages, the contractor filed an action in state court to resolve the claim within 21 days.In response, the real estate developer filed a voluntary bankruptcy petition in federal bankruptcy court and sought a stay of further proceedings on the unpaid claim. Federal law provided for an automatic stay in both federal and state courts for persons filing federal bankruptcy claims.If the contractor opposes imposition of the stay as applied to his state court claim, what is the proper resolution of the issue?

Scientific studies indicate that emissions from gasoline combustion engines contribute to a reduction in the health and growth rate of trees. To protect trees in the national forests, the Environmental Protection Agency (“EPA”), a federal agency, enacted stringent new fuel emission standards that apply to motor vehicles operating inside or within a 10-mile radius of all federal parks. The EPA regulations expressly preempt any conflicting state or local regulations, unless the state or local regulations require an even greater reduction in automobile emissions.A shuttle service operator transports tourists from hotels to the front entrance of a federal park. If the EPA regulation applies to her shuttle service, the operator will have to spend several thousand dollars for each shuttle to modify the engine exhaust system. The operator brings suit to challenge the validity of the federal regulation as applied to her.How will the court likely rule on the shuttle operator’s challenge?

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?

A newly enacted federal law requires states to adopt a law banning texting while driving on interstate highways. Under the law, any state that does not enact such a law within three years will be denied 10% of the state’s allotment of federal highway construction funding. What is the best argument that can be made in support of the constitutionality of this federal statute?

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?

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 final exam is comprehensive (it will include material from all units).