Question

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be:______

Answer 1

Answer:

If the constitutionality of the Florida law is challenged in court, it will most likely be futile.

Explanation:

The federal sovereign immunity endowed to every state in the U.S has always protected the federal structure of the states against many constitutional challenges. Though the Congress has the right to litigate state policies or bills, in most cases, it has won cases concerned to human rights violation only.

This case is similar to the legalization of marijuana. The constitution of US states that possession and consumption of marijuana is illegal but the state of Illinois has legalized marijuana through a legislative process just recently.

The provisions of sovereign immunity will grant the state of Florida the right to legitimize any policies. However, the US Constitution also provides that no state shall enter into any alliance with another confederation without its consent. In this case, the verdict may go in favor of the Congress.