stuff and things. stuff And dcc.
dcc continues... the pain of it all
you want it, we've got it
old man old stuff
j-justiciability? no. please
100
Where is the dormant commerce clause inferred from?
The dormant commerce clause is inferred from Article I, Section 8, cl. 3 - the Commerce Clause.
100
Can a law still be determined unconstitutional under the dormant commerce clause, even if it is nondiscriminatory?
Yes, a law that is nondiscriminatory can still be deemed unconstitutional under the dormant commerce clause.
100
Question: May a state confine the sale of cement it produces solely to its residents and have this action be consistent with the Commerce Clause? If so, in what context? (think exceptions to the dcc)
Rule: Under the market participant exception to the Commerce Clause, when a state government acts as a market participant rather than a market regulator, it may favor its own citizens in commercial dealings.
From Reeves, Inc. v. William Stake
100
What are some factors that go into constitutional interpretation?
Text, intent, tradition, social policy, etc., are all factors that go into constitutional interpretation.
100
What is an advisory opinon?
An advisory opinion is one that has no practical effect on the case.
200
What is the first question to ask in a dormant commerce clause analysis?
The first question to ask in a dormant commerce clause analysis is whether the law is discriminatory.
200
What are the two exceptions to the dormant commerce clause?
The two exceptions to the dormant commerce clause are:
1. Market-participant
2. Congressional approval
200
True or False (re: the dormant commerce clause):
As long as your reasoning is legitimately based in health and safety, then discrimination against out-of-staters is okay.
True, as long as your reasoning is legitimately based in health and safety, then discrimination against out-of-staters is okay (if it is necessary to achieve an important purpose).
200
What are some major interpretive theories regarding the Constitution?
Some major interpretive theories are originalism, modified originalism, original meaning, tradition, process-based theory, and aspirationalism.
200
What is the basic concern of the mootness doctrine, and what are the three exceptions?
The mootness doctrine holds that a plaintiff must prevent a live controversy at all stages of federal court litigation.
The three exceptions to the mootness doctrine are:
1. wrongs capable of repetition but evading review
2. voluntary cessation
3. class actions
300
What is the second question to ask in a dormant commerce clause analysis?
Is the law facially discriminatory or facially neutral?
300
DAILY DOUBLE
WHAT IS THE CAPITOL OF ALGERIA?
Algiers, Algeria
300
In what cases does the Supreme Court have original jurisdiction?
The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers and consuls, and cases in which the state shall be a party.
300
What is federalism, and why was it chosen?
Federalism is the idea of having the same territory governed by both a state government and a federal government. Federalism was chosen because there were certain things the Framers thought could be handled better as a national government, but wanted to reserve many powers to the states.
300
What 2 ways is ripeness demonstrated?
Ripeness is demonstrated through:
1. fitness for judicial decision, and
2. hardship to the parties if consideration is withheld
400
What is the standard for a facially discriminatory law / facially neutral (but discriminatory) law to be deemed constitutional?
It must be narrowly tailored to fit a legitimate local purpose.
400
What is the gist of the market participant exception?
A state or locality may favor its own in receiving benefits from government programs or in dealing with government owned business in situations that would otherwise violate the dormant commerce clause.
Looking here for the state as literally a participant and not acting as the regulator - in that case, the discrimination that otherwise would not be allowed may go forward.
400
What is judicial review?
Judicial Review is the ability of the judiciary to review the actions of the legislative and executive branches.
400
The appellate jurisdiction of the Supreme Court can be changed under what clause?
The appellate jurisdiction of SCOTUS can be limited under the Exceptions and Regulations Clause (Article II Section 2. cl. 2).
400
What are the three requirements for standing, and what do they each mean?
Injury, Causation, Redressability
Injury = injury must have occurred or be impending, requires more than an injury to a cognizable interest; requires the party seeking review to be himself among the injured
Causation = the injury must have been caused by the wrong the claimant is seeking to address.
Redressability = the relief that the claimant is seeking must redress the injury that is the basis for the claimant's standing.
500
How do we determine whether a statute is narrowly tailored to fit a legitimate local purpose?
We look to whether there were alternative options that were non-discriminatory in nature.
500
If the law is not discriminatory, what question should be asked regarding the dormant commerce clause?
If the law is not discriminatory, ask if the benefits to the state or local government outweigh the burdens on interstate commerce.
500
Can the judiciary review the discretionary functions of the legislative and executive branches?
No, the judiciary cannot review the discretionary functions of the legislative and executive branches, because discretionary functions are often political.
500
What are the five justiciablity doctrines?
The five justiciability doctrines are:
1. prohibition on advisory opinions
2. standing
3. ripeness
4. mootness
5. political question
500
DAILY DOUBLE
WHAT COUNTRY'S FLAG IS THIS?
Egypt