Bar Exam (US) Constitutional law: Question below is based on the following fact situation. The s...

Question

Question below is based on the following fact situation.

The state of North Durango enacted a statute prohibiting any motor vehicles traveling within the state to have window tinting or glass coating of any kind. The bill, known as the "Window Tint" Act, passed the state legislature at the urging of state and local law enforcement agencies who argued that tinted windows prevented them from observing interior car activity. Most citizens also supported the "Window Tint" Act, especially after a North Durango state trooper was gunned down and killed by an occupant in a window-tinted limousine. The trooper was unable to see that his assailant was armed and dangerous when he approached the vehicle for a speeding infraction.

Luxury Limousine Company operates a limo service in the neighboring state of South Durango. Luxury has a fleet of 68 limos all of which have tinted windows. Each year Luxury makes thousands of trips into North Durango to transport passengers to Durango International Airport (situated ten miles from the South Durango border) and other destinations. Since all its limos are manufactured with tinted windows, Luxury will incur a great expense to specially order limos without tinting.

Luxury brings suit to challenge the constitutionality of the North Durango "Window Tint" Act. Assuming that Luxury has proper standing to assert such an action, which of the following is Luxury's strongest constitutional argument to invalidate the aforesaid statute?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Because window tinting is permitted on vehicles in neighboring states, this law denies Luxury the equal protection of laws whenever its limos operate within North Durango.
  2. B
    Correct Answer
    Because this law burdens interstate commerce by prohibiting all vehicles with window tinting from entering the state, this law violates the Commerce Clause.
  3. C
    Correct Answer
    Because window tinting on vehicles is legal in South Durango but illegal in North Durango, this law violates the contract clause by preventing Luxury from fulfilling its obligation to transport passengers into North Durango.
  4. D
    Correct Answer
    Because interstate travel is a fundamental right that may not be burdened by state law, it violates Luxury's substantive due process rights by arbitrarily and unreasonably regulating economic activity.
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