Directions: In this assignment, you will work on developing your analysis skills by applying facts to legal standards in three different scenarios. The first two scenarios have a fact pattern, a question to answer, an issue statement, and legal standards/rule statement. Your task is to apply the relevant facts from the fact pattern to the legal standards in the rule statements to develop an analysis of the issue noted in the issue statement. The analysis should explain why the requirements in the legal standards are met or not met based on the facts and legal standards. You should also state a conclusion that is fully supported by your analysis.

After you complete those two scenarios, you are to create a third scenario and use the legal standards/rule statements from either of the first two scenarios to analyze it. For the third scenario, you should write a fact pattern and a question to answer, develop an issue statement, use the rule statement from either scenario one or scenario two, and apply facts to the legal standards in that rule statement to develop an analysis and state a conclusion.

After you complete the scenarios, you will review your work and answer self-assessment questions.

You should fill in this Word document for each scenario and the self-assessment questions and submit it as your assignment answer. It should include the following:

1. Your analysis and conclusion to scenario one
2. Your analysis and conclusion to scenario two
3. Your fact pattern, question, analysis, legal standards/rule statement, and conclusion to scenario three
4. Your answers to the self-assessment questions

Scenario 1

Fact Pattern/Question:

Due to shortages in the United States milk supply, Congress passed a law governing the production and sale of milk. The law required "anyone who produced, distributed, or sold milk" to obtain a license from a federal agency, the United States Department of Agriculture (USDA), so that their production and sales could be monitored to ensure an adequate national milk supply. The law included Congressional findings that the cumulative effect of local milk sales substantially affected interstate commerce by decreasing interstate sales in certain areas resulting in decreased demand and distribution that ultimately affected larger areas and led to reduced supply and shortages for interstate sales. The law directed the USDA to develop a license application process and authorized the agency to impose fines for non-compliance. It also authorized the agency to seize milk supplies if necessary to address shortages.

Joanie is a small-town farmer in California who grows strawberries and has a small herd of dairy cows on her farm. She sells strawberries and milk at local farmer's markets and to a local Community Supported Agriculture (CSA) group. The USDA sent Joanie a notice that she was required to obtain a license and would be fined if she did not. Joanie ignored the letter and did not obtain a permit because she felt her local sales were insufficient to require a license. The USDA subsequently fined Joanie and seized her milk supply.

Discuss the commerce clause issues.

Issue statement:

Does the Commerce Clause allow Congress to regulate Joanie's local milk sales?

Legal standards/rule statement:

The Constitution provides Congress with the authority to regulate interstate commerce, which includes (1) channels of interstate commerce; (2) instrumentalities of interstate commerce; and (3) intrastate activities having a substantial affect on interstate commerce based on whether or not: (1) the activity is economic; (2) the law includes a jurisdictional nexus connecting the regulated activity to interstate commerce; (3) the law has congressional findings that make explicit connections to interstate commerce; (4) the regulated activity is part of a national regulatory scheme whose efficacy would be impacted if Congress could not regulate; and (5) the court has to "pile inference upon inference" to make the connection between the regulated activity and interstate commerce. Courts may also consider whether or not the activities at issue were an area of traditional state concern.

If the activity is economic, then courts can consider if the intrastate activity's aggregate or cumulative effect could substantially affect interstate commerce. Judicial review of congressional findings about activities having a substantial affect on interstate commerce is limited to whether Congress had a rational basis for the finding, as opposed to whether the activities actually had a substantial affect on commerce.

Analysis:

Provide your analysis here.

Conclusion:

State your conclusion here.

Scenario 2

Fact Pattern/Question:

Due to national shortages in the United States milk supply, Congress passed a law governing the production and sale of milk. The law required "anyone who produced, distributed, or sold milk" to obtain a license from the United States Department of Agriculture (USDA) so that their production and sales could be monitored to ensure an adequate national milk supply.

Part of the law provided states with federal funds through the USDA if states agreed to develop a state plan to help enforce the law's requirements. The USDA must approve the state plans for the state to receive funds. The law required states that received funds to work with the USDA to enforce the law's requirements, including imposing fines for non-compliance and seizing milk supplies if necessary to address shortages. The law stated that federal funds would be rescinded if the state did not comply with its plan.

State Z submitted a plan that was reviewed and approved by the USDA. The plan stated that a State Z agency would assist the USDA with enforcement and carry out the requirements in the law. State Z was awarded and accepted $24 million in federal funds to implement its plan.

Joanie is a small-town farmer in California who grows strawberries and has a small herd of dairy cows on her farm. She sells strawberries and milk at local farmer's markets and to a local Community Supported Agriculture (CSA) group. The USDA sent Joanie a notice that she was required to obtain a license and would be fined if she did not. Joanie ignored the letter.

The USDA subsequently notified the relevant State Z agency about Joanie's non-compliance. State Z agency officials visited Joanie and, after reviewing the size of her small herd and the small number of local sales, determined that Joanie was not required to obtain a permit. USDA officials reviewed the state agency's report on the matter and disagreed. The USDA informed the state agency that Joanie required a license under the law, and the state agency needed to enforce the requirement, or it would be found non-compliant with its plan, and federal funding would be rescinded. The state agency declined. The USDA rescinded its remaining or unspent funding, which amounted to $22 million.

Discuss the Spending Clause issues.

Issue statement:

Does the law and rescinding federal funds meet Spending Clause requirements?

Legal Standards/rule statement

Under the Spending Clause, Congress can offer states funding with certain conditions. The conditions must (1) serve the general welfare by being related to some national concern; (2) have a rational connection to the funds being offered; (3) be clear and unambiguous so that states understand what they agreed to do, and what they will get in return for doing so; (4) be voluntary and not coercive so states an actual choice about whether or not they want to accept the funds; and (5) not induce states to take actions that violate other provisions of the Constitution.

Analysis

Provide your analysis here.

Conclusion

State your conclusion here.

Scenario 3

Fact Pattern/Question (must be different than a interstate commerce or spending clause issue)

Enter your fact pattern and a question here.

Legal Standards/Rule Statement

Use the legal standards from either scenario one or scenario two. You can copy and paste them here.

Analysis:

Provide your analysis here.

Conclusion

State your conclusion here.