Question

You have an unrestricted license to operate a tourist boat in a bay off of Maui, Hawaii, which you received from the federal government. The state tells you that it has decided not to allow commercial use of that area. Will the new state action be upheld in the courts when you sue?

a. Yes, because the State has sovereignty over their own physical actions
b. Yes, because the federal government does NOT issue such licenses
c. No, because the state action will be probably held unconstitutional under the Supremacy Clause

Answer 1

The state's decision to not allow commercial use of the bay off of Maui may be held unconstitutional under the Supremacy Clause, as federal laws take precedence over conflicting state laws.

Step-by-step explanation:

In this scenario, the state's decision to not allow commercial use of the bay off of Maui, Hawaii, may not be upheld in the courts when you sue.

The correct answer is option c. No, because the state action will probably be held unconstitutional under the Supremacy Clause.

The Supremacy Clause, found in Article VI of the Constitution, states that federal laws are the supreme law of the land and take precedence over conflicting state laws.

In the case of Gibbons v. Ogden, the Supreme Court ruled that the federal government had the sole authority to regulate interstate commerce, including the licensing of steamboats.

Based on this precedent, the federal license you received to operate the tourist boat would likely be protected under the Supremacy Clause, and the state's decision to prohibit commercial use of the area may be deemed unconstitutional.