Commerce Clause
Three Options for Modern Commerce Clause Interpretation and its case
Channels, Instrumentalities, and Substantial Effect on Commerce (Aggregate) Gonzalez v. Reich
Three Elements of Standing
Injury, Causation, Redressability
Who is the plaintiff
An individual
Is this a broad or narrow power
broad
How did John Marshall interpret the Necessary and Proper Clause
Useful and Convenient
If it is 1900, what is commerce and what case is the basis for this?
Commerce is separate from production, mining, and manufacturing, US v. EC Knight
What are the four exceptions to mootness
Capable of repetition, too short so it would avoid ruling, action has collateral consequences that create a case or controversy, and voluntary cessation
Who is the defendant
A state that is not the domicile of the individual plaintiff
What is required to be a valid tax
Must raise revenue or be intended to raise revenue
When does the Necessary and Proper Clause fit in according to NFIB v. Sebilus
When it is incidental to some enumerated power
1960's legislation passable under the Commerce Clause and the cases that ruled this
Civil Rights Act, Heart of Atlanta Motel, Katzenbach
If the Constitution is silent on an issue, can the court always rule on it
Not always, it may be a political question.
What are the damages that are prohibited under the 11th
Money
Why was the individual mandate of the ACA valid under the taxing and spending clause. (NFIB v. Sebilus)
It could be read as a ta because the penalty could be read as a tax because it generated an income
What enumerated power was considered when attempting to pass the individual mandate in the ACA. (NFIB v. Sebilus)
The Commerce Clause
It is 1945, what can Congress regulate using the Commerce Clause and what case is the basis for this
Nearly Anything, Wickard v. Filburn
If the court must rule on the text of the constitution, is it a political question
No
How can Congress pass a law that abrogates the Eleventh Amendment
Through the 13th, 14th, or 15th Amendment lawmaking clause and the Bankruptcy Clause
Why was the conditional nature of implementing the expansion of Medicaid regulation invalid under the ACA. (NFIB v. Sebilus)
Considered a gun to the head because the Medicaid funding was such a large part of the budget
Can a law be passed on its own using the necessary and proper clause
No
The individual mandate was considered under the commerce clause, why was it denied
It was considered to create commerce by the forcible nature of the purchase of insurance, and creating commerce is not regulating commerce.
What are the five justiciability doctrines
Advisory Opinion, Standing, Political Question, Ripeness, Mootness
Where can an eleventh amendment suit not take place
In the state court of the state being sued
What are the elements for a conditional regulation on receipt of federal funds
Condition Must be Clear, Condition Must be to federal government interest in a particular program, Condition must not conflict with other constitutional provision
What was the landmark case for the interpretation of the necessary and proper clause and what did it permit
McCullogh v. Maryland allowed the creation of a bank