Amendments and Specific Clauses

Question 1

Commerce Clause

Answer 1

Article 1 Section 8 Clause 3
The most utilized source of congressional regulatory power.
3 theories for the exercise
1) Regulate the channels of commerce (Lottery Case)
2) Instrumentalities of Interstate Commerce (Shreveport Case)
3) “Substantial Effects Test”- Q is whether Congress had a rational basis for concluding that the regulated activity substantially affects interstate activity. Next was the means reasonably related to Congress’ objective.

Question 2

Taxing and Spending Clause

Answer 2

Article 1 Section 8 Clause 1

Congress has the power to collect and lay taxes with the only req that it be for the “General Welfare”

Question 3

10th Amendment

Answer 3

Issues of Federalism
Provides that all powers not granted to the Fed Gov are reserved to the states.
-These powers are commonly referred to as “Police powers”

Question 4

President’s Primary Article ____ Power is

Answer 4

Article 2, To ensure the laws are faithfullly executed

Question 5

Dormant Commerce Clause

Answer 5

A doctrine created by the Sup Ct in order to further the Framer’s intent to create one national economic unit.
Sup Crt inferred from the CC power an “implied” restriction on state and local power to pass laws that unduly burdened interstate commerce.

Question 6

Appointments Clause

Answer 6

Art 2, Sec 2, Clause 2

Empowers the President to appoint certain public official with the advice and consent of the Senate

Question 7

State Action Doctrine

Answer 7

Blanket rule that the Constitution only applies to the government-
Exceptions: Public Functions Exception- traditionally and exclusively been the prerogative of the state
Entanglement Exception: Authorized or encouraged by the gov.