Download Congress' Role in Regulating Interstate Commerce: Separation of Powers & Commerce Clause and more Quizzes Political Science in PDF only on Docsity!
federalism
Federalism is a political concept in which a group of members are bound together by covenant (Latin: foedus, covenant) with a governing representative head. TERM 2
separation of powers
DEFINITION 2 The separation of powers, often if imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. TERM 3
commerce clause
DEFINITION 3 The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). // Congress can regulated commerce between the states! TERM 4
necessary and proper clause
DEFINITION 4 The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. // used with new deal to regulate // expands Congress' enumerated powers TERM 5
supremacy clause
DEFINITION 5 establishes the U.S. Constitution, Federal Statutes, and U.S. Treaties as "the supreme law of the land."
10th Amendment as a source of state
power
The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved, respectively, to the states or the people. TERM 7
commerce
DEFINITION 7 CJ Marshall: Commerce "commercial intercourse" TERM 8
implied congressional powers
DEFINITION 8 Necessary and Proper clause! TERM 9
national interest
DEFINITION 9 The national interest, often referred to by the French expression raison d'tat (), is a country's goals and ambitions whether economic, military, or cultural. TERM 10
commerce clause and federalism
DEFINITION 10 Division of power: 1. federal commerce power 2. whatever left for states
pre-emption
Once Congress acts in issue area, states prohibited; until then, states can regulate TERM 17
selective exclusiveness doctrine
DEFINITION 17 Cooley v. Board of Wardens (1952) // 1. Does activity require or has Congress passed uniform, national scheme? if YES, state law invalid // 2. If NO, state regulations valid if: a) no conflict with federal laws; and b) concern police powers TERM 18
police powers
DEFINITION 18 In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants. TERM 19
21st Amendment and
federalism
DEFINITION 19 Ended prohibition // states had the right to regulate drinking age and federal government couldn't do anything dealing with alcohol TERM 20
subjects of traffic
DEFINITION 20 ask Taylor!!!!
quantitative commerce test
TERM 22
subjective commerce test
DEFINITION 22 ????????????? TERM 23
stream of commerce
DEFINITION 23 ?????????????? TERM 24
laissez-faire capitalism
DEFINITION 24 In economics, laissez-faire (, ) describes an environment in which transactions between private parties are free from state intervention, including restrictive regulations, taxes, tariffs and enforced monopolies. TERM 25
direct/indirect effect commerce test
DEFINITION 25 activity operates "proximately, not mediately, remotely, collaterally
interstate commerce
commerce between the states TERM 32
Court-Packing Plan
DEFINITION 32 a legislative initiative proposed by U.S. President Franklin Roosevelt to add more justices to the U.S. Supreme Court. Roosevelt's purpose was to obtain favorable rulings regarding New Deal legislation that had been previously ruled unconstitutional.[3] The central and most controversial provision of the bill would have granted the President power to appoint an additional Justice to the U.S. Supreme Court, up to a maximum of six, for every sitting member over the age of 70 years and 6 months. TERM 33
The Switch
DEFINITION 33 The switch in time that saved nine is the name given to what was perceived as the sudden jurisprudential shift by Associate Justice Owen J. Roberts of the U.S. Supreme Court in West Coast Hotel Co. v. Parrish.[1] 1937 TERM 34
affectation doctrine
DEFINITION 34 ?????????? TERM 35
Tenth Amendment a restriction on federal
power?
DEFINITION 35 ??????????
judicial restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. TERM 37
judicial activism
DEFINITION 37 Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. TERM 38
self-inflicted wounds
DEFINITION 38 ????????????? TERM 39
Which branch decides if there is an effect on
IC: Congress of Supreme Court?
DEFINITION 39 Congress? TERM 40
commerce clause and civil rights
DEFINITION 40 IC used as a way to pass civil rights legislation
Sixteenth
Amendment
allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. TERM 47
McCulloch v. Maryland (1819)
DEFINITION 47 CJ Marshall // Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. TERM 48
Missouri v. Holland (1920)
DEFINITION 48 J Holmes // Treaties made by the federal government are supreme over any state concerns about such treaties having abrogated any states' rights arising under the Tenth Amendment. TERM 49
Gibbons v. Ogden (1824)
DEFINITION 49 CJ Marshall // Commerce includes navigation // Commerce = commercial intercourse // commerce extends beyond state borders, includes interiors // IC requires at least two states // Congress has a broad power to regulate // J Johnson concurrence: NY law unconst'al, Congress EXCUSLIVE power to regulate commerce // CJ Marshall: Congress broad, not exclusive power to regulate TERM 50
Wilson v. Black Bird Creek Marsh Company
DEFINITION 50 CJ Marshall // damn prevented licensed ship // DE dam not CC violation, valid health reason
Cooley v. Board of Wardens (1852)
J Curtis // Congress can regulate navigation // selective exclusiveness doctrine: 1) Does activity require or has Congress passed uniform national scheme? If YES, state laws invalid 2) IF NO, state regs valid if a) no conflict with fed laws; and b) concern plice powers // no national scheme need/passed, so PA could regulate no conflict with fed law // J McClean dissent: Dormant commerce power, purpose of law economic protectionism, not legic police power (safety) TERM 52
South Carolina HIghway Dept. v. Barnell Bros.
DEFINITION 52 a state can regulate width and weight of traveling vehicles within the state // a state highway regulation is valid when it discriminates equally between IC and intrastate TERM 53
Southern Pacific Co V. Arizona (1945)
DEFINITION 53 nation's transportation interests outweigh the states // AZ law interfered with CC TERM 54
Philadelphia v. New Jersey (1978)
DEFINITION 54 States can't discriminate against another states articles of commerce // states can't regulate beyond borders // J Rehnquist dissent: Law const'al states can regulate for safety TERM 55
Granholm v. Heald (2005)
DEFINITION 55 laws allowing in-state shipments of wine to in-state consumers and prohibiting shipments to out of state consumers unconst'al // 21st A // DCC
Carter v. Carter Coal Co (1936)
J Sutherland // Production/manufacture beyond Congress' CC power // IC: Intercourse for purpose of trade // direct affect test defined: Activity operates "proximately, not mediately, remotely, collaterlally" // production is prior to IC, federal law unconst'al under CC // J Cardozo dissent: under direct/indirect test, coal production clear, direct effect on IC TERM 62
NLRB v. Jones & Laughlin
DEFINITION 62 Congress can reulate labor under CC // Wagner Act unconst'al // SupCT done striking down NEw Deal // Companies had to allow unions // J Hughes: Congress TERM 63
United States v. Darby (1941)
DEFINITION 63 Fair Labor Standards Act was const'al under CC // Purpose of Act was to prevent unfair advantages. TERM 64
Wickard v. Filburn (1942)
DEFINITION 64 Production quotas under Agricultural Adjustment Act const'al because it affected IC // Act was intended to drive up prices // Filburn was not intending to sell extra wheat // Court: if Filburn grew extra wheat he wouldn't buy TERM 65
Civil Rights Cases
DEFINITION 65 Equal Protection Clause applied only to state action, not segregation by privately owned businesses // J Harlan dissent: racist, need to protect blacks
Heart of Atlanta Motel v. US (1964)
Title II of the CRA const'al // CC could be used to fight discrimination // TItle II banned racial discrimination TERM 67
Katzenbach v. McClung (1964)
DEFINITION 67 Congress can forbid discrimination in restauranta that serve interstate travelers // CRA // segregation impeded blacks from participating in commerce TERM 68
National League of Cities v. Usery
DEFINITION 68 FLSA can't be applied to state employees // 10th A // J Rehnquist: fed system preludes interference TERM 69
Garcia v. San Antonio Metropolitan Transit
Authority (1985)
DEFINITION 69 CC clause makes FLSA apply to state gov'ts // overturned National LEague of Cities // "Traditional gov't functions test unsound" // supremacy clause // J Powell dissent :: Respect stare decisis TERM 70
US v. Lopez (1995)
DEFINITION 70 Possession of a gun near a school isn't an econ activity with a big impact on IC // CJ Rehnquist 3 categories Congress can regulate under CC: 1. Channels of IC 2. Instrumentalities/persons/things in IC 3. activities majorly related to IC // Four factors: 1. non econ v. econ activity 2. was gun in IC? 3. link found between guns and ed?
- LInk w/ IC
Gonzales v. Oregon(2006)
CSA does not give US AG power to prohibit PAS drugs TERM 77
Pollock v. Farmers' Loan & Trust Co.
DEFINITION 77 Income Tax Act of 1894 were direct and thus unconst'al // income tax from property, dividents, taxed TERM 78
US v. Butler (1936)
DEFINITION 78 Agricultural Adjustment Act was unconst'al udner 10th A // making the payment of a gov't subsidy to a farmer "conditional" on the reduction of his planned crops beyond scope of nat'al gov't // spenidng clause // NEw Deal TERM 79
Steward Machine Co v. Davis (1937)
DEFINITION 79 The unemployment Comp sec of the SSA are const'al // 10th A challenge // Tax structure designed to induce states to adopt consistent laws // tax NOT coercive; for general welfare // dissents: beyond scope of Congress' power TERM 80
South Dakota v. Dole (1987)
DEFINITION 80 Congress may attach reasonable conditions to funds distrubited to the states // Nat'l Minimum Drinking Age Act // not in violation of the 21st A or 10th A // "pressure" not "compulsion" // J O'Connor: two not related!
