Reference no: EM13943895

Instructions:  Answer each of these three questions, writing in complete sentences, double spaced.  I

expect your answers to be no more than one page per question.  You are encouraged to utilize as muchof the material from the first three chapters of the text as possible, and the best answers will recognizeand refute counterarguments.  Your grade will have both substantive and form aspects: I care as muchhow you write as I do what you write.  Pay attention to grammar, spelling, punctuation and format.

#1:  This chapter discussed a number of sources of American law.  Which source of law takes priority ineach of the following situations, and why?

a. A federal statue conflicts with the U.S. Constitutionb. A federal statue conflicts with a state statutec. A state statute conflicts with the common law of that stated. A state constitutional amendment conflicts with the U.S. Constitutione. A federal administrative regulation conflicts with a state constitution

#2:  Suppose the State of Georgia enacts a law requiring the use of contoured rear-fender mudguards on

trucks and trailers operating within its state lines.  The statute further makes it illegal for trucks andtrailers to use straight mudguards.  In thirty five other states, straight mudguards are legal.  Moreover,in the neighboring state of Florida, straight mudguards are explicitly required by law.  There is someevidence suggesting that contoured mudguards might be a little safer than straight mudguards.  Discusswhether the Georgia statute would violate the Commerce Clause of the U.S. Constitution, and presentarguments supporting and contradicting a constitutional challenge.

#3:  Lamar Advertising of Penn, LLC, an outdoor advertising business, wanted to erect billboards of

varying sizes in a multiphase operation throughout the town of Orchard Park, New York.  An OrchardPark ordinance restricted the signs to certain sizes in certain areas, to advertising products and servicesavailable for sale only on the premises, and to other limits.   Lamar asked Orchard Park for permission tobuild signs in some areas larger than the ordinance allowed in those locations (but not as large asallowed in other areas).  When the town refused, Lamar filed suit in a Federal District Court, claimingthat the ordinance violated the First Amendment.  Did Lamar have standing to challenge the ordinance?Why or why not?