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

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Question below is based on the following fact situation.

Section 2105(a) of the New Carolina Labor Code provides that "no employer in the State shall knowingly employ an alien who is not lawfully residing in the United States if such employment would have an adverse effect on lawful residents' right to work." A group of immigrant farm workers, all of whom are U.S. citizens or legal resident aliens, and all of whom belong to the Farm worker's Union, were continually refused employment contracts by labor contractors in the Sierra Valley. Instead, the labor contractors employed many illegal alien workers since they would toil longer hours for less wages. The immigrant farm workers now bring suit in state court pursuant to the above- mentioned statutory provision.

Indicate which of the following determinations would most likely result as a consequence of the immigrant farm workers' lawsuit?

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

  1. A
    Correct Answer
    The statute violates the Equal Protection Clause of the Fourteenth Amendment.
  2. B
    Correct Answer
    The statute is constitutional as within the realm of rights reserved to the states by the Tenth Amendment.
  3. C
    Correct Answer
    The statute is unconstitutional because immigration is exclusively regulated by federal law.
  4. D
    Correct Answer
    The court would declare the statute constitutional since the States are not pre-empted in the area of economic regulation of illegal aliens.
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