Injury in fact
Particularized & concrete
The relevant types of interstate commerce Congress may regulate under the Commerce Clause
Channels
Instrumentalities
Activity that substantially affects interstate commerce
What powers does this grant?
Limitation on STATES' regulation of interstate commerce
Can Congress compel states to adopt federal legisation?
No.
Causation
Injury caused by defendant
Aggregation Doctrine
An activity (local or indirect) that could have a substantial effect on interstate commerce IF it were to be practiced in the aggregate.
Expansion or Limitation?
Expansion
What's the test for a facially NEUTRAL law?
Balancing Test similar to Rational Basis (also includes laws favoring local government performing traditional govt function)
1: Is there a legitimate government purpose?
2: Does it substantially burden interstate commerce? Is the burden justified? (Does the burden fall in or out of state?)
Can Congress attach conditions to federal funds to the state?
Yes.
Redressable
Would a favorable court order actually eliminate harm?
Can Congress regulate intrastate commerce?
The activity has to be economic/commercial and pass Rational Basis (U.S. v. Morrison)
Comstock factors
1: Is there long-standing history of Congressional authority in this area?
2: Does the law account for state interests?
3: Narrow in scope or great substantive power?
What's the test for a facially DISCRIMINATORY law?
Stricter scrutiny (and also laws favoring private industry):
1: Is there a legitimate public purpose?
2: Availability of nondiscriminatory alternatives?
Can Congress tell the state that the federal branch will enforce a federal law if the state will not?
Yes--they can offer the state that choice (you do it or we will)
May a taxpayer bring suit to challenge the spending of tax dollars?
No
Can Congress mandate participation?
Not if there is currently inactivity--cannot force one to participate in commerce. (Sebelius)
What's the Test?
1: Must be anchored to an enumerated power.
2: Consider Comstock factors.
3: Rational Basis Test.
Can a state pass a law that violates a federal law they don't want to enact?
No - Supremacy of the federal gov't applies. No direct contradiction of Uncle Sam
Can a taxpayer bring suit to challenge their tax bill?
Yes, that is individualized.
Rational Basis...
1: Legitimate gov't interest?
2: Regulation rationally related to that interest?
Can state officers/judges be used to enforce federal legislation?
Not if forced/directed by the federal govt to do so--must be the state's voluntary enforcement as applied