Article I and the 10th Amendment and Mcculloch v Maryland
When may the states act? Compare this to when Congress may act.
Congress may only act on express or implied Constitutional authority. States may act unless the Constitution prohibits them from acting.
Explain how the Commerce Power was viewed from 1937-1990s.
Commerce power was viewed broadly and covered all stages of commerce. Lines between direct and indirect effects became irrelevant and the commerical activity could be viewed in the aggregate to decide if it substantially affected interstate commerce.
In United States v Darby, how was Congress allowed to regulate wage and hour issues?
Congressional power allows regulation of intrastate activities if they affect interstate commerce which here can include wage and hour issues. State commerce power can be restricted if it is being used to impede interstate commerce.
Why was Congress able to use Commerce Clause power to prohibit local cultivation and use of marijuana in Gonzales?
This was clearly an activity that substantially affected regulation because it substantially affected interstate commerce. The purpose of the statue was regulation of an economic activity with a rational basis of enactment based on commerce. Therefore, it was fit for regulation.
May Congress place conditions on grants to state governments and if so, are there limits?
Yes as long as the conditions are expressly stated, have some relationship to the purpose of the spending program, and are not coercive.
How do Article I of the Constitution and the 10th Amendment work together to define the powers of Congress?
Article I specifically grants powers to Congress and defines what Congress is. The 10th Amendment then reserves powers not delegated to Congress to the States and the people.
Explain how the Commerce Power was viewed from the 1890s-1937.
There was a very narrow interpretation. Strong period of dual federalism where a zone of power was left to the states. Divided commerce into phases: mining, manufacturing, or production were separate and not part of commerce, therefore not suitable for regulation. Only the actual movement and trade of products across state lines could be regulated.
Commerce Clause covers things that "affect commerce" which can include being in commerce or burdening/obstructing commerce because Congress needs to be able to control activities that substantially affect commerce, even if total intrastate. We have to allow Congress to regulate where there is a serious effect on interstate commerce.
Under Lopez, what are the categories of commerce power regulation? Why did the gun act exceed that power?
1. channels of interstate commerce
2. instrumentalities of or things or people in interstate commerce
3. activities that substantially affect interstate commerce
On its face, the act had nothing to do with commerce on its own terms--we cannot stretch the meaning of commerce as the government wanted or there would be no limits.
Why did the Constitution grant power to the federal government to tax?
Under the Articles of Confederation, the federal government lacked taxing power and thus had no revenue to spend.
Explain Maryland's argument in why they should have been allowed to tax the federal bank under the Constitution.
States should be allowed to tax what is in their borders. The states decided to allow a bank and federal power comes from the states signing on to (ratifying) the Constitution. There is not an enumerated power for a bank.
In National Federation v. Sebelius, explain why the Congressional mandate requiring the purchase of health insurance was constitutional, but requiring States to expand Medicaid was not. Explain why the individual mandate did not qualify as an exercise of commerce power.
1. The mandate was appropriate as an exercise of the Constitutional power by Congress to tax since you were simply taxed more for not having health insurance.
2. The expansion was coercive and left no real choice to the states. We must give states a choice.
3. Cannot compel commerce into existence. We cannot force an individual to participate in commerce--we can only regulate commerce already in action.
In Heart of Atlanta Motel, why was the Civil Rights Act a congressional exercise of commerce clause power?
Congress may address moral wrongs in social and commercial areas to regulate incidents of interstate commerce that may be local because of the economic impact of local policies when viewed in the aggregate. Discrimination would economically impact travelers.
Why were the interim provisions of the Brady Act forcing state government law enforcement officers to assist in enforcement unconstitutional in Printz?
There is no power showing Congress has the authority to force states to use their government to enforce a federal law. Federal law will be applied to important state government activities only if Congress clearly indicated the law was meant to apply. Congress may not commandeer state executives to further their purposes.
South Dakota v Dole outlined four requirements or limits for spending power. What are they?
1. Must be for the general welfare
2. There must be no questions of clarity
3. There must be an adequate relationship between the restriction of the funds and the purpose of the law
4. The law must not be coercive in nature
What is the argument that Maryland should not be allowed to tax the national bank?
The Constitution has the power to create the bank and preserve it, taxing would therefore destroy it. The Constitution is the Supreme law of the Land so they cannot be taxed because that would defeat the power of the Constitution. We have more than protected against abuse of power by the federal government.
During the 1890-1937 period, what did commerce "among the states" mean? What happened to things within the zone of commercial activities reserved for the states?
Needed a sufficiently direct effect on interstate commerce and if the effect was indirect, the power remained with the states. Zone of commercial activities reserved for the states could not be touched if there was an effect on interstate commerce because this was left to local authorities.
In Wickard v Filburn, why did the Agricultural Adjustment Act not violate the Commerce Clause?
In the aggregate, this would substantially effect the economics surrounding price and market conditions of a product on a national scale even if the action is totally intrastate. This is fit for regulation.
In Morrison, why was the Violence Against Women Act an unconstitutional exercise of congressional power?
This violates separation of powers and ultimately the activity is not economic. Findings of Congress about economic impact is insufficient because that creates no real limits on the exercise of power.
Why was the restriction on highway funds constitutional under South Dakota v. Dole?
This was not coercive because they were not withholding too much money and had an adequate relationship to the purpose of safe highway travel.
What things should be considered in determining the Constitutionality of a legislative action?
1. Whether Congress has authority for the legislative act under Article I, Section 8
2. If Congress has the authority, does the legislative act violate any other constitutional provision or doctrine.
Explain the reasons for the shift from a narrow to a broad commerce power.
In Katzenbach v McClung, why was Title II a valid exercise of congressional power (requiring restaurants to serve all patrons regardless of race)? Describe the important test that arose from this case.
The articles served at the restaurant have moved in interstate commerce so when viewed in the aggregate, this has an indirect affect on interstate commerce.
Most importantly, this gave rise to the rational basis test allowing Congress to regulate commerce if they had a rational basis in the legislative scheme that protected interstate commerce.
Why was the provision of PASPA making it unlawful for a state to authorize sports gambling a violation of anticommandeering?
This is a choice that is meant to be left to the states. We cannot force states to implement certain laws under the Commerce Clause if there is no effect on interstate commerce.
How can Congress limit challenges to conditions on federal money?
Do so unambiguously so that the conditions are clear to the states and the states understand the consequences of choosing to take federal funds.