Sample Exam Question - Review Question
5 (issue spotting)
The State of Midwest is worried about the plight of the family-owned
farm in its state. The number of such farms has been declining at
a
steady rate for a number of years. As part of a series of efforts
to
help the small farmer, the state has funded a program to set up
Farmer’s Markets in each of its three largest cities. Under the
program, the state has set up three Farmer’s Markets on land that it
owns. Seven days a week during the summer and fall, the state
allows
local farmers to sell their fresh fruits and vegetables from stands
provided in the market area. Space at the markets is provided at
no
cost to farmers who grow their produce on farmland within the
state.
To encourage buying at these markets, the state has funded a publicity
campaign about the Farmer’s Markets with the slogan, “Support your
local farmer - Shop at the Farmer’s Markets.”
Recently, a farmer who resides in the bordering State of Midsouth and
who grows fruits and vegetables on his farm in the State of Midsouth
asked to use space at one the of the Farmer’s Markets in Midwest to
sell his farm produce. He was turned down by the State of Midwest
on
the ground that his fruits and vegetables were not grown on farmland
located in the State of Midwest. After being turned down, the
farmer
brought a lawsuit claiming that the restriction was unconstitutional.
You are a law clerk to the judge assigned to the case. The judge
has
asked you to write an analysis of the arguments that can be made by the
farmer to support his claim that the restriction is unconstitutional as
well as the arguments that can be made by the State of Midwest in
support of the constitutionality of the farmer’s exclusion from the
Farmer’s Market.