Commerce Clause
Commerce Clause: 3 Step Analysis
1) is it INTRA or INTER?
2) is it economic in nature?
3) is it activity?
-> once you have answered these you may apply the substantial effects test, aggregation principal, or rational basis
Marbury (confirming his judiciary)
SCOTUS has the power of judicial review
1) to invalidate unconstitutional statutes created by congress
2) appellete jurisdiction
3) to review the constitutionality of the executive branch
1) actual or imminent injury in fact
2) fairly traceable causation
3) redressable by the court
Standing (Allen v. Wright)
Anytime before SCOTUS enters a decision, congress has the option to strip the court of jurisdiction so long as
-> there is an alternative option available to hear the case
Jurisdiction Stripping (McCardle)
1) ends are legitimate under the constitution
2) means are appropriate
3) derivative of an enumerated power
-> necessary does not mean absolutely necessary
Necessary and Proper Clause (McCulloch)
C.I.A. (Lopez)
Chanels
Instrumentalities
Activities
McCulloch (taxing the bank)
SCOTUS has the power to
1) invalidate unconstitutional state statutes as well
2) the supremacy clause
3) the necessary and proper clause
- can create laws n + p to effectuate any of
congress' enumerated powers
* allowing states to tax the federal govt implies the power to destroy*
Ripeness
Review must be of a injury that is not
-> yet to occur
-> too speculative
U.S. v. Klien
Congress can strip the jurisdiction but not determine a rule
The powers not given to the federal govt are reserved for the states
State law may be more specific than federal law but not any less specific
10th Amendment
Substantial Effects Test (Darby)
Assesses whether an inter state has a significant enough impact to be considered interstate commerce
Cooper (Little Rock 9)
SCOTUS decisions are binding are binding on all state officials
- no advisory opinions
- there must be 2 adverse parties
- with a live dispute
Case or controversy (Muskrat)
Boumedine v Bush
When jurisdiction statutes leave no open alternative, congress can say no to congress stripping them
Applied v. Facial Challenge
Applied: may be unconstitutional as applied to me specifically
Facial: just unconstitutional on its own as applied to all
Aggregation Principal
Wickard
The court will not just look at one lone farmer's actions but apply those actions and their consequences as if they were taken on by the country as whole to determine if they have substantial economic affect
Am I being tested on if this case involves a political Q?
"should court entertain this case?"
impeachment? (Nixon)
challenging military decisions?
ballot measures?
ratifying a constitutional amendment?
partisan gerrymandering? (Rucho)
presidential withdraws?
Mootness
When an underlying dispute has been
-> resolved
-> the legal issue no longer exists
-> old
EXCEPT
1) the issue is capable of repetition (Roe v. Wade)
2) voluntary cessation (P stops doing harmful act AND proves it won't be an issue again)
Adequate and Independent State Grounds (Martin EXCEPTION)
Martin determined SCOTUS can take state cases with federal Qs EXCEPT
- where there are independent and adequate state grounds
independent: state law must be separate from federal law
adequate: state law must adequately dispose of the case
Test:
The case started in state court?
1) the state court is reviewing some govt action or law?
a. the federal constitution
b. state law (usually some state constitutional provision)
2) is it independent of federal law?
No? You're done, go to SCOTUS
Yes? See Q 3
3) is it adequate so that state law may resolve the case?
Yes? SCOTUS cannot review
Art I, sec. 8
Congress has enumerated powers
Congress may act where there is direct or implied power granted by the constitution whereas states may act so long as the constitution does not prohibit their desired action
Raich
Redefined "economic" as production, distribution and consumption meaning the personal consumption of medical marijuana amounted to economic activity
McClung
When a business is requiring goods from other states to maintain their business as done in the BBQ place in McClung it is interstate commerce
Political Question Doctrine (Baker v. Carr)
Political Qs are injusticiable as they inappropriate for judicial review concerning their overwhelming association with a political debate (encourages the separation of powers)
6 Baker Factors:
1. textually demonstrable commitment to the constitution?
2. OR judicially discoverable and manageable standards?
3. OR inappropriate policy decisions for judiciary?
4. OR lack of respect for the branches of govt?
5. OR unusual needs for unquestioning adherence to political decisions?
6. OR potential for embarrassment from inconsistent resolutions?
<3 of ATL
business that is conducted locally but is requiring its customers to come from out of state is interstate commerce
In earlier cases such as Gibbons, E.C. Knight, and Cater Cole commerce was limited to...
the exchange of goods that had a direct impact commerce and the court used a narrow view to limit congress' use of the commerce clause to regulate