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.