Commerce Power
The Commerce Power grants Congress with the power to take these two actions.
What is to Regulate - Instrumentalities of Interstate Commerce
&
Protect - Instrumentalities and Persons/Things in Interstate Commerce
The power that allows Congress raise revenue and spend money.
What is the Taxing & Spending Power
The constitutional basis for holding state laws as inferior to federal ones.
What is the Supremacy Clause
This test is the lowest level of ends-means scrutiny.
What is the Rational Basis Test
This case was the result a late delivery and Chief Justice Marshall failing to recuse himself.
What is Marbury v. Madison
This case held that farmers producing their own hay to feed livestock, was within the scope of Congress' power to regulate interstate commerce because of the aggregate effects of the activity.
What is Wickard v. Filburn
This case interpreting the scope of federal powers to create a national bank, held that the bank was permissible because it was incidental to effectively exercising other enumerated powers.
What is McCulloch v. Maryland
This doctrine prohibits states from passing laws when there is a Federal law which clearly prohibits state regulation.
What is Express Preemption
This level of ends means scrutiny requires the ends to be legitimate and the means necessary and nonprotectionist for a state law to survive?
What is Strict Scrutiny
This U.S. Supreme Court case invalidated the "Defense of Marriage Act" for violating Equal Protection.
What is Windsor v. United States
This case held that Congress did not have the authority under the Commerce Power to criminalize the possession of a firearm near a school.
What is United States v. Lopez
States sovereign immunity may be waived by Congress when it meets these conditions.
1) States Consent
&
2) Explicit Abrogation
When states pass legislation that discriminates against out-of-state individuals in favor of in-state actors, leaving out-of-staters without any recourse.
What is a Political Process Failure
This court made doctrine, relied historically on the 10th Amendment to hold that states have retained some of their sovereignty and the federal government may not condition federal funding to coerce states.
What is the Anti-Commandeering Doctrine
This Supreme Court case was the first to define the scope of the Commerce Power, and also gave us the definition of "commerce".
What is Gibbons v. Ogden
For Congress to pass a law to protect the channels and instrumentalities of interstate commerce, Congress should include this provision, to ensure that the law is attached the Commerce Power.
What is a Jurisdictional Nexus provision
To use this Congressional power it must be incidental to another enumerated power.
What is the Necessary and Proper Clause
This exception to the Dormant Commerce Clause permits state's to discriminate against out-of-state parties when acting in this role.
What is a Market Participant
This test, which shares its name with a fish, applies when a neutral state law places only an incidentally burden on inter-state commerce and is not protectionist.
What is the Pike Test
This case creates the test for whether Congress had the authority to abrogate states sovereign immunity and when it's permissible.
What is Seminole Tribe of Florida v. Florida
Congress may regulate intrastate activities based on the aggregate effects of an activity, when they are this type of activity that have this effect.
What are Economic Activities and Substantial Effect on Inter-state commerce.
To be a valid federal tax, courts require these conditions for the tax to be constitutional.
What are 1) raise revenue, 2) for the general welfare OR common defense, and 3) does not impermissibly regulate
This doctrine is invoked when a state law either conflicts with a federal law or if Congress has passed such pervasive regulation as to leave no room for the state law to exist.
What is Implied Preemption
This test is used to determine if Congress' conditioning of spending to states is coercive.
What is the Dole Test
This Supreme Court case held that the Affordable Care Act's individual mandate to obtain health insurance was constitutional under the Taxing and Spending Power, because the "tax" for individuals in noncompliance was $0.
What is National Federation of Independent Business v. Sebelius