AL Bar Practice Questions - Alabama Bar Examination Exam

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A state enacts a law requiring all commercial trucks crossing into the state to use a specific type of mudflap that is illegal in a neighboring state, effectively forcing trucks to stop and change equipment at the border. A trucking company challenges the law. Under the dormant Commerce Clause, how should a court most likely rule?

The law is valid because states have broad police powers over highway safety The law is valid because it applies to in-state and out-of-state trucks alike The law is unconstitutional only if Congress has expressly preempted it The law likely violates the dormant Commerce Clause because its burden on interstate commerce is excessive relative to the local safety benefit

Correct Answer:

The law likely violates the dormant Commerce Clause because its burden on interstate commerce is excessive relative to the local safety benefit

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