Dormant Commerce Clause vs. Privileges and Immunities Clause of Article IV § 2 Quiz

Note: While this is a multiple choice quiz, the answer to each question may not always clearly be A, B, C, or D.  The answer may require a further explanation (A if . . . , otherwise B) to show that it might be one answer or another depending on facts or legal arguments that need to be developed further.

1.  The State of Southwest enacts a law that prevents the export of glassex, a valuable mineral, that is sold by several mining companies within the state.

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither

2.  The State of New Jersey refuses to allow out-of-state garbage haulers to use landfills within the state to dispose of garbage.  Larry Lincoln (LL), an out-of-state garbage hauler, has filed suit to challenge the constitutionality of the law.

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither  

3.  The State of New Jersey refuses to allow out-of-state garbage haulers to use landfills within the state to dispose of garbage.  Pennsylvania Garbage Haulers, Inc. has filed suit to challenge the constitutionality of the law.

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither

4.  The State of New Hampshire refuses to allow nonresident doctors to be hired by hospitals within the state.   

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither

5.  The city of Springfield, Massachusetts has enacted a law that prevents nonresidents from operating Bradley airport shuttle services within the city.

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither

6.  The State of Northeast issues licenses for both commercial and recreational fishing in its lakes.  By law, residents can obtain both types of licenses, but nonresidents can only obtain licenses to engage in commercial fishing.    

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither

7.  The State of Northeast issues licenses for both commercial and recreational fishing in its lakes.  By law, residents can obtain both types of licenses, but nonresidents can only obtain licenses to engage in recreational fishing.    

Will a challenge to the law be likely to be successful under:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither

8.  The State of Stone operates the State University of Stone. The total cost of educating a student each year at the State University is $20,000. The University charges residents of Stone $10,000 in tuition each year. Out-of-state residents are charged $20,000 per year for tuition. An out-of-state resident who attends the University wishes to challenge the constitutionality of the higher tuition charged to nonresidents.

Will a challenge to the law be likely to be successful under:

A. The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither


9.  The State of Northeast operates the State of Northeast Lumber Mill and refuses to sell its lumber to nonresidents of the state.

Which of the following claims is least likely to result in a successful challenge to the law:

A.  The Dormant Commerce Clause

B.  The Privileges and Immunities Clause

C.  Both

D.  Neither