MBE Tip of the Day: Constitutional Law

Answer to the Constitutional Law MBE Question

Subject: Constitutional Law

Legal Issue: Congressional Powers and Equal Protection

Legal Rule and Analysis: Congress has the power to regulate the channels and instrumentalities of interstate commerce, persons and things in interstate commerce, or anything that has a substantial effect on interstate commerce.  If a congressional law treats a person or a class of persons differently, it will be subject to review under the Equal Protection Clause of the 5^th Amendment.  If the discrimination is on the basis of a fundamental right or singles out a suspect class, the law will be subject to strict scrutiny.  If the law discriminates against a quasi-suspect class, the law will be subject to intermediate scrutiny.  If the law discriminates on the basis of any other classification, the law will be subject to rational basis analysis.

In this case, the federal government has the ability to regulate the weight of trucks that travel on the roads.  Roads are instrumentalities of interstate commerce.  Congress has broad authority in this area – in effect it can regulate nearly anything economic in nature.  However, the law does expose a certain classification of companies to a regulation that others are not subject to.  Companies who operate shipping trucks only in State A will not be affected by the weight requirement, while companies whose shipping trucks seek to cross the State A border will.  There is no fundamental right or suspect class implicated by this classification.  Thus, the law will be subject to the rational basis analysis.  To withstand rational basis, the law must be rationally related to a legitimate governmental interest.  It is very difficult for the plaintiff to succeed on this standard.  However, it is the most appropriate argument for the company in State B to put forth.

Conclusion: The State B company should attempt to argue that the law is not rationally related to a legitimate governmental interest.

Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided.  The answer choice (D) is therefore correct. (A) is incorrect because Congress was the one that enacted this law and Congress has the authority to regulate interstate commerce.  It is the states that are prohibited from unreasonably burdening interstate commerce.  If State A had passed this law, this is the standard that would be used. (B) is incorrect because the Article IV Privileges and Immunities Clause prevents the states from discriminating against out of state citizens.  This article does not apply to the federal government. (C) is incorrect because this is the standard that would be used if the federal government was discriminating on the basis of a fundamental right or against a suspect class.  Imposing a burden on companies who seek to send shipping trucks into State A does not rise to that level.  Therefore strict scrutiny is not appropriate.

MBE Tip: Pay attention to which entity is acting!  Congress is allowed to pass laws that the states would not be permitted to.  If you miss-identify which entity is acting, then you will have a much more difficult time identifying what challenges could be made.  When you are reading the fact pattern, pay close attention to whether Congress is passing a law or whether a state is passing a law.