Multistate Bar Examination Practice Question

A state legislature, citing national security concerns, passed a law mandating that certain industries remain under state control. Several private corporations have challenged this law as violating federal commerce regulations. The state argues that judicial review of the law is precluded because the issue involves national security, which is a matter for the political branches. How should the court address this argument?

  • The court should review the case because the issue does not fall under a question reserved for political branches.

  • The court should require private corporations to pursue administrative remedies before seeking judicial review.

  • The court should direct Congress to address the matter, as conflicts involving interstate commerce are generally within its jurisdiction.

  • The court should decline to hear the case because national security concerns are generally addressed by the legislature and executive branches.

Multistate Bar Examination
Constitutional Law
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