Constitutional Interpretations of Federalism Practice Test

Privileges and Immunities Clause: prevents states from licensing businesses, so Congress must preempt all state transportation rules automatically.

United States v. Lopez: commerce includes all crime control, so federal shipping rules are unconstitutional because they are too economic.

NFIB v. Sebelius: Congress may compel commercial activity under the Commerce Clause, so ferry riders can be required to buy tickets.

McCulloch v. Maryland: states may tax federal instrumentalities, so the ferry monopoly stands as long as it is nondiscriminatory.

Gibbons v. Ogden: broad Commerce Clause reading treats navigation as commerce and makes conflicting state monopolies yield to valid federal regulation.