Constitutional Law 622, Midterm, Bond, #4552

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Feb 20, 2024

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Bond 4552 The legislature of the State of Alpha passed a new law requiring all drivers of any motorized vehicle to be 21 years of age or older in order to obtain a "Drivers License." The purpose of the law is to protect the safety of other motorists, because recent statistical studies have shown that over 51% of the car accidents reported in the state of Alpha, involve drivers under the age of 21. Drivers who have a driver's license issued by another state, all of which have a lesser age requirement, are not acceptable in Alpha. A federal law prohibits employers from discriminating against employees on the basis of age. Ted, who is 19 years old, applied for a job in the State of Alpha, as a driver for Ajax, a delivery company engaged in the interstate transportation of goods in various states, including Alpha. Ted would normally be hired to drive for Ajax's, who has its headquarters located is Beta, but he cannot obtain a driver's license from Alpha. Ted would be able to pass the driving test requirements of Alpha, but is barred solely because of his age. Ted has a driver's license issued by the state of Omega qualifying him to drive. Ajax and Ted have brought suit in the United States District Court in the State of Alpha against Alpha state officials seeking to have the driving license law declared invalid. What rights arising under and protected by the U. S. Constitution should Ajax and Ted argue in support of their claims that the Alpha law is invalid and what results should follow? Discuss. Ajax/Ted v. State of Alpha Procedure – Abstention Doctrine Federal Courts must abstain from hearing a case involving a state statute until the case has been decided by the state court unless the statute would be considered unconstitutional. Ted, 19 years old, cannot obtain a driver’s license in the state of Alpha solely based on his age. State of Alpha passed a new law stating requiring all drivers of any motorized vehicle to be 21 years of age or older in order to obtain a "Drivers License." Ted has a driver’s license in the State of Omega. The purpose of the law is to protect other motorists since statistics have shown that drives under the age of 21 account for more than 51% of the accidents in state of Alpha. Ajax/Ted have brought suit in the United States District Court in the State of Alpha. State of Alpha’s counsel will likely argue that the state courts have not yet ruled upon the validity of the law and until so, Ajax/Ted cannot bring their case to the Federal Courts. State of Alpha is entitled to rule over its own laws and to protect its sovereignty it has the right to interpret its own laws before the federal court intervenes. Therefore, the State of Alpha’s counsel will argue that the Federal courts must abstain from hearing the case until the case is decided in the State Court. Ajax/Ted could argue that their case involves two federal constitutional questions which would allow for their case to be heard in the federal court. The first constitutional question addresses the part of the law which states: all drivers of any motorized vehicle to be 21 years of age or 1

Bond 4552 older in order to obtain a "Drivers License." Ted who is 19, has applied to drive for Ajax whose headquarters is in the State of Beta and is in the business of interstate transportation of goods in various states, that which includes the State of Alpha. Ted would normally be hired to drive for Ajax and would be able to obtain a driver’s license in the State of Alpha but for the new law restricting him solely based on his age. This raises the issue of equal protection challenge based on age discrimination. The second constitutional question addresses the fact the new law in State of Alpha requires all “drivers who have a driver's license issued by another state, all of which have a lesser age requirement, are not acceptable in Alpha.” Ted does have a driver’s license in the State of Omega, but Ajax will not hire Ted due to the new law which does not allow drivers with a license from other states who have lower age limits to obtain a license. The new law is restricting drivers who can use the roads in State of Alpha. The new law puts an undue burden on interstate commerce. Ajax/Ted have clear federal questions arising under the Constitution of the United States and are the basis of their law suit. Since there is a question of the new law in State Alpha being unconstitutional, the federal court would not be required to wait until the state court decides and Ajax/Ted may file their suit in the US District Court immediately. Procedure – Ripeness The court will not hear a constitutional question unless there is an actual injury or an immediate threat of an actual injury. Ted who is 19, would normally be hired to drive for Ajax who is in the business of interstate transportation of goods in various states including the State of Alpha. If Ted drives into the State of Alpha, he could be prosecuted for violating the new law. The court will not require Ted to drive into State of Alpha and violate the law to hear the case. In this instance, the immediate threat of civil or criminal consequences to both Ajax and Ted would be sufficient to meet the immediate threat. Here, Ted cannot carry out his duties for which he would be hired to do and therefore the new law poses a real and immediate threat to Ted’s present and future employment interests. Ajax/Ted’s suit is ripe and can be heard in Federal Court. Federal Law Validity – Power Source – Commerce Clause Article I section 8 of the Constitution grants Congress the power to regulate interstate commerce. According to the facts “a federal law prohibits employers from discriminating against employees on the basis of age.” A congressional act is authorized by the Commerce Clause if there is any “rational basis for the regulation”. Here, the discrimination against Ted through employment discrimination, could have an adverse effect on the interstate commerce which in turn could negatively affect the nation’s economics. Therefore, since Commerce, using the interstate roads 2

Bond 4552 through an interstate carrier, Ajax, is impacted by the employment discrimination based on age, Ted, the Commerce Clause grants Congress the power to regulate this type of interstate commerce. Preemption: Conflict – Supremacy Clause Article VI, Section 2 of the Supremacy Clause states: “The Constitution and the Laws of the United States, which shall be made in pursuance thereof, shall be the supreme law of the land”. Ajax and Ted can assert that the Federal law prohibits discrimination against employees due to age. Here Ajax is required to restrict their hiring to individuals who would normally be hired to those who are over the age of 21 in order to carry out its duties in State of Alpha. This essentially causes Alpha to discriminate against hiring employees based on their age, which is in violation of the federal law which prohibits the discrimination against employees due to their age. Therefore, the new law is invalid under the Supremacy Clause. The State of Alpha could argue that the new law is a state licensing regulation restricting the age of drivers for the safety of the other motorists, not an employment discrimination. Therefore, the new law would not conflict with the federal law. Therefore, the Supremacy Clause would not preempt the State of Alpha law. Intent to Occupy Where there is no express conflict between a federal and state law, then the congressional intent must be implied from the subject matter of the federal legislation. Here, the language of the federal law, “ prohibits employers from discriminating against employees on the basis of age” shows the federal government intends to occupy all aspects of discrimination due to age by an employer where it impacts interstate commerce. State of Alpha can argue that the law was put into place due to the studies conducted which indicated drivers of certain age groups had higher frequency of accidents and it was not intended to force employers to discriminate by age. Therefore, the State of Alpha law would not be invalidated by the preemption doctrine. 10 th Amendment The tenth amendment gives the states the power to regulate the health, safety, welfare, local concerns, and morals of its citizens. This is provided through the police powers as long as the federal government has not specifically retained the powers for itself. State of Alpha restricts the driving requirements for the issuance of driver’s licenses in its state. This is done to protect the health, safety and welfare of its citizens as unqualified drivers can cause accidents. Per the studies conducted by State of Alpha this is the reason for the restriction 3

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