Multistate Bar Examination Practice Question

A state enacted a law requiring all interstate trucking companies operating within its borders to pay a highway-use fee based on the number of miles driven in the state. This law would typically violate the Dormant Commerce Clause by burdening interstate commerce. However, the federal government subsequently passed legislation explicitly authorizing states to impose similar highway-use fees. A trucking company challenges the state law as unconstitutional. Is the state law valid?

  • The state law is valid because Congress expressly authorized states to impose highway-use fees, making the state law constitutional despite the Dormant Commerce Clause.

  • The state law is invalid because it burdens interstate commerce, and Congress has no authority to waive Dormant Commerce Clause restrictions.

  • The state law is valid because highways are traditionally within the exclusive control of state governments, and interstate trucking companies must comply with state regulations.

  • The state law is invalid because the state retains its sovereignty under the 10th Amendment and cannot rely on federal authorization for its laws.

Multistate Bar Examination
Constitutional Law
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