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Answered Question
Q
Max B
How would the commerce clause be tested on an exam?
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A
Answered by: Lawyer Up
 
You'll be given a federal act of some sort, and that act will, on its face, have nothing at all to do with commerce. It'll be something like "The Freedom From Terrorism Act" or something like that. Then, the question will tell the story of a company or individual who potentially violated that act. Your job is to anticipate the argument of Congress that the act is Constitutional because of the substantial impact it has on the economy, and to assess the likelihood of the Supreme Court agreeing with that argument.
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TAGS:  constitutional law, commerce clause, advice
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