Brad, a citizen of California, obtains a federal license to operate a commercial fishing boat in a certain area off the coast. T
he California state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates a. the equal protection clause. b. the due process clause. c. the commerce clause. d. no provision in the U.S. Constitution.
The supremacy clause stated that in case there is a conflict between the state legislation and the Federal legislation, the federal legislation will always overpower the state legislation.
From the case above:
- Brad obtains a permit from the Federal government to fish in that area.
- The State banned Brad to fish in that area.
By contradicting the Feds, California actually violates the supremacy clause. Brad should've been allowed to fish in that area.
