Lopez Factors
1. Channels of Interstate Commerce
2. Instrumentalities of interstate commerce and persons/things in interstate commerce
3. Activities that affect substantially interstate commerce
Garcia
States don’t need judicial protection from Congress because they have ample say in what Congress does.
Williamson v. Lee Optical
Legislatures and not the courts are the ones to balance the implications of the law; if using rational basis test we just defer to legislature.
Treaty Power (Missouri v. Holland)
If a treaty is valid, no dispute about validity of statute that implements treaty because it is a necessary and proper power.
This case butchered Privileges and Immunities
Slaughterhouse (1873)
NFIB modification
Power to regulate commerce is for existing commerce and NOT to bring commerce into being.
Ashcroft
Clear Statement Rule: If Congress intends to regulate traditional functions of state governments; it must make its intent unmistakably clear in the language of the statute.
Let's act rational, this test was created in Carolene
Rational Basis Test
Legislative Vetoes are unconstitutional and wiped off the map
INS v. Chadha
U.S v. Morrison
§1 of 14th Amend is a limit on the states but not on private individuals.
Raich and Morrison modifications
Morrison: Amplifies Prong 3 of Lopez: court held that the it needs to be an economic activity
Raich: Congress can regulate intrastate activity if failure to regulate undercuts economic activity.
N.Y v. US
Legislative Commandeering: Congress cannot force states to adopt legislative orders.
Holmes Dissent in Lochner
I am not a crook, this case said
Executive Privilege exists, but absent a need to protect military, diplomatic or sensitive national security interests, executive privilege must yield to the demonstrated specific need for evidence pending a criminal trial.
U.S v. Nixon
Boerne
There must be a congruence and proportionality between the injury to be prevented or remedied and the means adopted to that end. Lacking such a connection, legislation may become substantive in operation and effect.
Modern Day Dormant Commerce Clause
No Executive Commandeering: Using state officials to carry out fed law.
This case is the Lochner Killer
Spending Power (Dole)
Im sorry Judge Jackson (ooohhh)
This was his test for Presidential and Congressional interactions forreealllll
Considerations of the Modern Day Dormant Commerce Clause
Murphy v. NCAA
Negative Commandeering: Can’t stop legislation/states from doing something.
You changed up on me. . . (Home Building and Loan Assn v. Blaisdell)
States can alter the form of a remedy so long as they don’t violate or interfere with contract rights
Necessary and Proper Power (Comstock)
This Broadway musical argued for the Bank of the US with this Constitutionality test
Constitutionality Test: If the end be clearly comprehended within a specified power and if the measure has an obvious relation to that end and is not forbidden by any provision; it is safe to be deemed to come within compass of national authority.