TAXING
CAN A STATE GOVERNMENT TAX THE FEDERAL GOVERNMENT?
NO, POWER TO TAX IS POWER TO DESTROY
TRUE OR FALSE, CONGRESS CAN ATTACH STRINGS TO THE FEDERAL MONEY GIVEN TO STATES
TRUE (ART. 1 SEC. 8 CLAUSE 1)
WHAT CASE INTRODUCES THE "AGGREGATE EFFECTS" DOCTRINE FOR SUBSTANTIAL EFFECTS?
WICKARD V. FILBURN
WHAT TEST MEASURES BURDEN V. BENEFIT?
PIKE BALANCING
WHAT ARE THE THREE LEVELS OF PRESIDENTIAL POWER? WHAT DOES CONGRESS DO IN EACH?
1) HIGHEST, CONGRESS AND PRES. AGREE
2) TWILIGHT ZONE, CONGRESS SILENT
3) LOWERST, PRES. AND CONGRESS AT ODDS
WHAT ARE THE THREE QUESTION FOR TAXING ANALYSIS?
1) HOW BIG IS BURDEN?
2) IS THERE AN INTENT REQUIREMENT?
3) WHO ENFORCES THE TAX?
WHAT DOES THE GOVERNMENT SPEND THE HIGHEST PERCENT OF ITS BUDGET ON?
WHAT ARE THE THREE THINGS CONGRESS CAN REGULATE USING COMMERCE CLAUSE?
WHAT ARE THE THREE CHALLENGES UNDER DORMANT COMMERCE?
1) FACIALLY DISCRIMINATES
2) NEUTRAL BUT DISCRIMINATORY INTENT/PURPOSE
3) NEUTRAL BUT DISCRIMINATORY EFFECTS
WHO CAN SUSPEND HABEAS?
CONGRESS
IF CONGRESS CALLS A PAYMENT A "PENALTY," UNDER THE TAXING ANALYSIS, IS THE STATUTE UNCONSTITUTIONAL AUTOMATICALLY?
NO, IN SEBELIOUS THE PAYMENT WAS CALLED A PENALTY BUT WAS UPHELD AS A TAX.
WHAT DOES "GUN TO THE HEAD" MEAN?
CONGRESS THREATENS TO TAKE ALL OF A STATES FUNDING IN A CERTAIN AREA (OR A SIGNIFICANT AMOUNT) TEXTBOOK COERCION
WHY DID SEBELIUS SAY LAW WAS INVALID UNDER COMMERCE?
CANNOT FORCE COMMERCE IN ORDER TO REGULATE
WHERE DOES THE DORMANT COMMERCE POWER COME FROM?
NOT EXPLICITLY WRITTIN INTO CONSTITUTION, IMPLIED BY EXISTENCE OF COMMERCE CLAUSE (ART. 1 SEC. 8 CLAUSE 3)
WHAT IS BICAMERALISM AND PRESENTMENT?
BICAMERALISM IS THE REQUIREMENT THAT A BILL GO BEFORE BOTH HOUSES BEFORE IT IS PASSED. PRESENTMENT REQUIRES THAT A BILL BE PRESENTED TO THE PRES. BEFORE IT CAN BECOME LAW.
WHAT IS THE STRONGEST MUSCLE IN HUMAN BODY?
TOUNGE
WHO WAS LAST PRESIDENT TO HAVE A BALANCED BUDGET?
BILL CLINTON
WHAT ARE THE TOP 3 US COMPANIES IN MARKET CAP?
APPLE, MICROSOFT, NVIDIA
WHAT IS KASSEL V. CONSOLIDATED FREIGHTWAYS ABOUT?
IOWA TRUCK LAW, WANTED TRUCKS TO BE SHORTER, INVALID, BIG BURDEN AND NO BENEFIT
DOES THE PRESIDENT HAVE ANY IMMUNITY? WHAT KIND? DOES IT CONTINUE AFTER HE LEAVE THE OVAL OFFICE?
YES, THE PRESIDENT HAS CRIMINAL AND CIVIL IMMUNITY FOR OFFICIAL ACTS BUT THAT DOES NOT COME FROM THE CONSTITUTION. IT CONTINUES AFTER HIS TERM.
WHAT ENUMERATED POWER GIVES CONGRESS AUTHORITY TO ESTABLISH A FEDERAL BANK?
NOT WRITTEN IN THE CONSTITUITON, ALLOWED BECAUSE THE MEANS (BANK) WERE FOR A CONSTITUTIONAL END (USING FINANCIAL POWERS FROM ART. 1 SEC. 8)
WHAT ARE THE DOLE FACTORS?
1) GENERAL WELFARE
2) CLEAR STATEMENT OF CONDITIONS
3) NO COERCION
4) NO CONSTITUTIONAL BAR
5) RELATES TO SPENDING PROGRAM
WHAT CASE SAYS THAT CRIMINAL ECONOMIC ACTIVITY CAN BE REGULATED USING COMMERCE CLAUSE? (NOT WEED)
PEREZ, LOAN SHARKING
NAME AN EXAMPLE CASE OF EACH FACIALLY DISCRIMINATE EXCEPTION
BAITFISH- NO OTHER WAY TO ACCOMPLISH, MAINE V. TAYLOR
MARKET PARTICIPANT- CAN ACT AS A PARTICIPANT IF NOT REGULATING, ALASKA TIMBER CASE
CAN CONGRESS DELEGATE LAW MAKING AND BROAD LEGISLATIVE AUTHORITY?
NO, THEY CAN GIVE AGENCIES DISCRETION BUT MUST PROVIDE A "INTELLIGIBLE PRINCIPLE"