Legal Question in Business Law in Illinois

In 2011, Congress enacted a federal statute called the Great Lakes Commerce Act. This statute required businesses on the perimeter of the Great Lakes to install barriers to prevent beach erosion and discharge of chemicals into the Great Lakes. Illinois, a state bordering one of the Great Lakes, has a state statute that forbids the erect barriers by property owners on the shores of the lake. Tom, who owns a gift shop that is located on the shore of Lake Michigan (a Great Lake) in Caterwaul, Illinois, was arrested by state authorities because of the barrier that he built on the perimeter of the lake in order to satisfy the Great Lakes Commerce Act. In this situation, the Great Lakes Commerce Act:

A. Will prevail over the Illinois law (if the federal law is constitutional) because of the doctrine of legislative supremacy

B. Will prevail over the Illinois statute even if the federal law is unconstitutional

C. Would prevail over a conflicting provision of the U.S. Constitution

D. Will prevail over the Illinois law (if the federal law is constitutional) because of the doctrine of federal supremacy


Asked on 8/28/12, 2:35 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

You might want to consider doing your own research for homework assignments--it will serve you much better than being spoonfed the answers. Not only that, but asking homework questions violates the terms of service of lawguru.

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Answered on 8/31/12, 11:56 am


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