Granting Congressional Power (M4)
Power that is explicitly listed in the text, nothing more. The act of giving power is limiting because the list of powers given is the limit.
Enumerated Powers
What is the Anti-Commandeering Principle?
What are the 3 "Lopez Categories"?
What is the Supremacy Clause?
Federal Law is the "supreme law of the land", If there is a conflict between state and federal law, federal law wins.
The powers not delegated to the US by the constitution …nor prohibited by it to the states, are reserved to the states, respectively, or to the people.
The 10th Amendment
What test is applied for congressional finding that the regulated activity affects interstate commerce?
Rational Basis Test (McClung p. 149).
What is the rule of the Necessary and Proper Clause?
Actions are constitutional if the end is legitimate, within the scope of the constitution and the means are appropriate, plainly adapted to the end, and are not prohibited, but are consistent with the constitution (McCulloch).
What is Conditional Spending?
If the federal government wants the states to do something, it can threaten or bribe them. This cannot be so severe that it becomes coercion, or else it violates the anti-commandeering principle. It is not coercion simply because the states want to take the money.
What rule does NFIB give regarding commerce?
Congress cannot create the market themselves and cannot force purchases (NFIB [118])
What is the scope of the Taxing and Spending Power (used in this class)?
Broad scope: Congress can tax and spend for the "general welfare" independent from other enumerated powers.
What amendment says the right to vote cannot be denied based on race or color, and who does it apply to?
The 15th amendment applies to state and federal government.
What is "among the states"?
A substantial effect in another state, including aggregation (Wickard [145], Heart of Atlanta [147], Perez [151]) and including related markets (McClung [149]).
What is the test for Congress being allowed to withold money from the states?
Dole Test (page 206)
- Serves the general welfare
- Provided in a clear statement
- Related to the purpose of the giving of money
- Does not violate other congressional provisions
- Cannot be coercion
What is the 13th amendment and who does it apply to?
No slavery or involuntary servitude applies to the government and private citizens.
What is Commerce?
Any phase of business with a focus on a particular business industry that must involve economic and commercial activity (Lopez [158]),and where congress’s primary purpose for regulating must be economic / commercial (Morrison [209]).
If it is a commodity, it is a part of commerce (Raich [173])