• Can you think of a situation occurring now where in some states the federal criminal law is in direct conflict with the state and local laws, but the Department of Justice has refrained from enforcing the federal law? Tell me the answer and whether you think it is a good idea that the federal government has chosen to refrain from interfering with the state laws and benefits derived to private industry in those states?
• The Dormant Commerce doctrine is controversial. Do you think use of the doctrine to protect discriminatory laws in states makes sense? Why or why not?
The Constitution applies only to governmental action but the distinction between private and governmental action is not always clear. Discuss whether the following situations are prohibited by the Constitution because they constitute “state action/government action”.