02045

I. ACA's standing?

Organizational Standing

Injury in fact to its members

Injury related to the organizational purpose

Individual participation not required

II. Statute's Validity under the Commerce Clause and the Supremacy Clause?

Commerce Clause

1. Congress has the power to regulate interstate commerce (channels, instrumentalities, and activities substantially affect)

2. does not unreasonably burden commerce

3. Statute does not discriminate against other states

Supremacy Clause

State X law does not conflict

Sample Answer

http://passthebar.com/master-pdf/con_law/2004_02_con_law.pdf