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ANSWERS TO MULTIPLE-CHOICE QUESTIONS

1.   D   Under the Supremacy Clause an otherwise valid state statute may be superseded by federal legislation to the extent that the two are inconsistent. The contract to kill feral tuskers in the national park was authorized by federal statutes. Since the Property clause gives Congress the power to control federal property, the federal statutes are valid, and so the state law which prohibits their killing is superseded, at least as to killings within the national park.

The power to protect the environment is held by both the federal and state governments, so states do have the power to declare a species to be endangered and to enact legislation protecting it. A is, therefore, incorrect. Since the Tuscalona statute prohibits the killing of feral tuskers only within the state, and since there is no indication that anyone other than Termine is interested in coming from outside the state to kill them or that killing them is commerce, the statute probably does not unduly interfere with interstate commerce. B is, therefore, incorrect. The Obligation of Contracts Clause prevents the state from interfering with rights acquired under existing contracts, but does not prevent the state from prohibiting activities which parties might otherwise contract to perform. C is, therefore, incorrect.

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