Multistate Bar Examination Practice Question

A federal environmental law was passed by Congress to address pollution in interstate waterways. The law included a provision stripping federal courts of jurisdiction over any lawsuit challenging the constitutionality of the law. A manufacturing company operating in several states files a lawsuit in federal court, arguing that the provision stripping jurisdiction is unconstitutional. How should the court resolve the claim?

  • The court cannot hear the case unless the company exhausts all administrative remedies provided by Congress in the law.

  • The court should refer the case to state courts, as state courts have concurrent jurisdiction over federal constitutional questions.

  • The court should dismiss the lawsuit because Congress can restrict federal court jurisdiction under its Article III powers.

  • The court should hear the lawsuit because Congress cannot bar judicial review of a constitutional challenge to its legislation.

Multistate Bar Examination
Constitutional Law
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