You are a noted Constitutional lawyer and you were just elected to the US Senate.

Take-Home Essay Question
You are a noted Constitutional lawyer and you were just elected to the US Senate. World-renowned fly fisherman
Derrick Abromeit is a close personal friend of yours. He also made significant donations to your campaign. He has
come to you with a complaint that he would like you to address. Mr. Abromeit, a Kansas resident, has fished on the
Arkansas River in Kansas for years.
He alleges that the Arkansas is no longer the river that it once was because the State of Colorado uses too
much of the water before it reaches Kansas, and that the run-off from the agricultural use of nitrate fertilizers have
poisoned the water. He would like you to address this issue in several ways.
1. File a lawsuit for him against the state of Colorado ordering them to use less water
from the Arkansas River.
2. File a lawsuit for him against the state of Colorado ordering them to stop farmers from
using certain agricultural products.
3. Propose a bill in Congress that limits the amount of water Colorado can use from the
Arkansas.
4. Propose a bill in Congress banning the use of certain nitrate fertilizer products.
Your Assignment:
Write a response to your rich client. What is the likely outcome of his lawsuit and what are the prospects for success
of the bill? Since your client is rich, but not terribly bright, you are going to need to fully explain the issue to him.
Include information on the following aspects of federalism and how they apply to this situation.
a. The 11
th Amendment
b. The Commerce Clause
c. The 10
th Amendment
d. The Supremacy Clause
e. Any other Constitutional issues that you see as relevant.
f. Any case history that you see as relevant.

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