I saw this headline on the Drudge Report this morning and had to click it: New law in Minnesota requires all US flags to be made in America. Since I have taken to reading things in 1.8 minutes, the gist of the article reports that the state of Minnesota, in an effort to promote manufacturing in the states, has passed a law requiring all US flags sold in the state to be of American manufacture.
If Manufacturer challenges the constitutionality of this statute because it has a contract with a Canadian-based flag manufacturer, will the statute be held:
A) unconstitutional, as having a "chilling effect" on non-verbal forms of speech and therefore invalid under the First and Fourteenth Amendment.
B) unconstitutional, because it is a reasonable regulation of the procedure to be followed in such cases and substantially diminishes the underlying obligations of the buyer.
C) unconstitutional, because this law burdens interstate commerce by prohibiting the sale of all flags coming into the state that are not manufactured in the U.S.
D) constitutional, because it protects a legitimate state interest.
If this was a PMBR question, the answer would probably be "C or D, but the examiners may have accepted B." Good thing I wouldn't have standing to argue that this statute (and question) is probably a stupid one since I would probably pick D (although I think C could be argued successfully as well). See how the multistate has ruined my life? I would much rather see a question like this:
Assuming manufacturer has standing to challenge the statute, his best chances of finding it unconstitutional would be under:
A) The Commerce Clause
B) The Federal Property Clause
C) The First and Fourteenth Amendment
D) The Privileges and Immunities Clause of the Fourteenth Amendment.
There, the answer is much more clear. A.
Thursday, July 05, 2007
Minnesota requires all sold flags to be made in America?
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