New Information as of 9/17
Where is the Commerce Clause located in the Constitution?
Article 1, Section 8, Clause 3
What are 3 justiciability doctrines under Article III that determine whether federal courts have the authority to hear a lawsuit?
Standing, ripeness, and mootness
What did President Roosevelt create in response to the Great Depression?
The New Deal
Six
What does “commerce” mean? Is it just buying and selling or is it something else?
Commerce includes traffic, intercourse, navigation, and commodities associated with interstate commerce.
This Baker factor is implicated when the Constitution gives another branch of government a responsibility:
Textual commitment
The Congress shall have Power to regulate commerce with _______?
Foreign Nations, and among the several states, and with the Indian tribes.
North Carolina and Virginia disagree over which state has the right to use water from a river that crosses their border. North Carolina sues Virginia in a federal district court. Can the federal district court hear the case?
No. A lawsuit between 2 states falls within the original & exclusive jurisdiction of the U.S. Supreme Court, so it cannot begin in federal district court.
In this case, the Supreme Court stated: "We must reject respondents' argument that the necessary and proper clause permits no more than a single step between an enumerated power and an act of Congress."
U.S. v. Comstock
On March 9th, 1937, President Roosevelt made this statement during a fireside chat on reorganizing the judiciary:
"save the Constitution from the Court and the Court from itself"