Commerce Clause
Congress’s Commerce Clause power extends to channels, instrumentalities, and activities with a substantial effect on this.
What is interstate commerce?
A state law that openly favors in-state business over out-of-state competitors is described as this type of discrimination.
This doctrine, rooted in the Tenth Amendment, prohibits the federal government from “commandeering” state governments to enforce federal regulations.
What is the anti-commandeering doctrine?
This opening phrase of the Constitution explains that the government derives its authority from the people.
What is "We the People?"
Name three rights guaranteed by the 1st Amendment.
What is Freedom of speech, Freedom of religion, Freedom of press, right to peaceably assemble, right to petition the government?
True/ False: The government can regulate national markets pursuant to the commerce clause
What is the other name for the dormant commerce clause?
What is Negative Commerce Clause?
The Tenth Amendment is part of this foundational set of the first ten constitutional amendments.
What is the Bill of Rights?
Where in the constitution is the commerce clause?
This requires both the President and consent from the Senate to negotiate.
What is a treaty?
This test, sometimes invoked in Commerce Clause analysis, asks whether Congress had a rational basis to conclude that intrastate activity substantially affects interstate commerce.
What are the exceptions to the dormant commerce clause?
What is market participant and congressional approval?
While the Tenth Amendment protects state sovereignty, this clause still allows Congress to preempt conflicting state laws when acting within its enumerated powers.
What is the Supremacy Clause?
What amendment restricts congress from commandeering states?
What is 10th Amendment?
How many amendments does the constitution have?
What is 27?
The government passes an act providing health care to individuals who pay the monthly premium. It wants to penalize those who do not have private health insurance and do not sign up for health insurance through the act. Is this constitutional if congress is acting pursuant to commerce clause?
What is No, the government may not regulate non-economic activity pursuant to the commerce clause.
State laws that are nondiscriminatory may still be invalid if the burdens on interstate commerce are “clearly excessive” under this balancing test.
What is the Pike Balancing Test?
Which case established that when congress is creating statutes pursuant to the commerce clause, the statutes must be “generally applicable”?
What is Garcia v. SAMTA?
This clause prohibits Congress from passing laws that retroactively criminalize conduct.
What is the Ex Post Facto Clause?
This is the year the bill of rights was ratified.
What is 1791?
This case limited Congress’s ability to regulate non-economic, criminal activity that only indirectly affected commerce, striking down part of the Violence Against Women Act.
What is United States v. Morrison?
This case upheld South Dakota’s preference for in-state buyers of cement from its state-owned plant, illustrating the market participant exception.
This doctrine, sometimes contrasted with anti-commandeering, allows Congress to encourage state action through conditional spending, so long as the conditions are not coercive.
Give the doctrine and the case.
What is the spending power/South Dakota v. Dole?
This obscure article of the Constitution states that no state can be divided or merged with another without consent of the states involved and Congress.
What is Article IV, Section 3?
Which team can name the most Northern District Court judges?
What is Chief Judge Reed O'Connor; Judge Sam A. Lindsay; Judge Ed Kinkeade; Judge Karen Gren Scholer; Judge Matthew J. Kacsmaryk; Judge Mark T. Pittman; Judge James Wesley Hendrix; Judge Brantley Starr; Judge Ada Brown; Senior Judge A. Joe Fish; Senior Judge Sidney A. Fitzwater; Senior Judge Sam R. Cummings