Bar Exam Practice Questions

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What is one ability provided by the commerce clause to the federal government?

To delegate regulation of trade to individual states

To monopolize all commerce within states

To regulate all economic activities between states

The commerce clause allows the federal government to regulate all economic activities that occur between states, which is crucial for maintaining a cohesive national economy. The intent behind this provision is to promote free trade and prevent individual states from enacting laws that could hinder interstate commerce. This ability has been interpreted broadly by the courts, allowing Congress to regulate not just direct interstate trade but also activities that have a substantial effect on interstate commerce, thus ensuring that economic activities are consistent across state lines.

The other choices do not accurately reflect the powers granted by the commerce clause. Delegating regulation of trade to individual states would undermine the federal government’s ability to maintain a uniform economic policy. Monopolizing all commerce within states is contrary to the principles of state sovereignty and would violate the federal structure of the government. Prohibiting any state trade agreements does not capture the essence of the commerce clause, which rather allows for federal oversight to prevent conflicts between state agreements rather than an outright prohibition on such agreements. Thus, the correct choice truly complements the intention and purpose behind the commerce clause in facilitating interstate economic interactions.

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To prohibit any state trade agreements

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