Question

Glen, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in...

Glen, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay (Hint: this is akin to a federal law allowing him to fish the bay). The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law is:

A. constitutional under the Dormant Commerce Clause

B. unconstitutional under the Takings Clause

C. unconstitutional under the Supremacy Clause

D. constitutional under the Commerce Clause

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Answer #1

Correct answer is C. unconstitutional under the Supremacy Clause

Supremacy Clause states that all laws made according to the constitution becomes supreme law of the land and takes priority over any conflicting state laws

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