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ConLaw > CC Breadth and "Indirect" Limit > Flashcards

CC Breadth and "Indirect" Limit Flashcards

1
Q

CC has ___ limits on what Congress can do so maybe best for __

A

no real, branches to fight over

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2
Q

Why do corporations want interstate commerce expanded defintion?

A

don’t want to deal with bunch of dif state laws

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3
Q

Why do we need some limits on CC?

A

otherwise federalism no longer, fed not govt of limited powers

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4
Q

CC one area where SCOTUS has taken a ___ and ___

A

hands off approach, bowed to popular will

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5
Q

Originalist thinking about CC and N&P

A

important to understand notions of state govt at the time

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6
Q

Courts want to let the federal govt ____ BUT don’t want Congress to have ____

A

“do good things”/be effective, general police power, undermine federalism

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7
Q

Comstock shows that Courts often favor interest in ___ over ___

A

letting feds do right thing, preventing gen police power/state sovereignty

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8
Q

1st broad category that Congress may regulate under CC

A

use of channels of interstate commerce (Darby, Heart of Atlanta motel)

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9
Q

2nd broad category that Congress may regulate under CC

A

instrumentalities of interstate commerce even though the threat may come only from intrastate activities (Shreveport)

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10
Q

3rd broad category that Congress may regulate under CC

A

activities having a substantial relation to interstate (jones)

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11
Q

Raich held that CC ___

A

covers marijuana grown for personal use

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12
Q

Lopez held that CC __

A

does not cover guns in schools

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13
Q

Jones Court said that CC allows Congress to facilitate interstate commerce by ___

A

eliminating potential obstructions and restrict it by eliminating potential stimulants

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14
Q

In Lopez and Morrison, the court rejected the argument that Congress may regulate ___

A

noneconomic activity based solely on the effect that it may have on interstate commerce through a remote chain of inferences

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15
Q

Interstate Commerce used to be a question of doctrine but now because of ___ it is a one of _____ so ____

A

substantial effects standard, economics, defer to Congress

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16
Q

Modern approach to CC is to ____

A

equate commerce and economics (meaning unstable however fixed it may look)

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17
Q

Thomas concurrence in Lopez

A

substantial effect if taken to its logical extreme would give Congress police power over all aspects of American life

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18
Q

Hamburger: If the Consti intended the CC to include anything with a substantial effect on interstate commerce, much of __

A

enumerated powers in 1,8 would be superfluous

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19
Q

What’s at stake in CC (7)

A

avoiding concentration of power, localized self-govt, geographic diversity, competing sovereignties, protect for individual rights, negative liberty, policy experimentation

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20
Q

Gonzales O’Connor dissent

A

enforce outer limits of CC authorityt to protect historic spheres of state sovereignty from fed encroachment

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21
Q

Garcia, Powell dissent

A

fed civil servants may have little to no knowledge of States and localities affected by their rules, also not accessible to people living there

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22
Q

Under Gonzalez, Congress can act to ___

A

make all Laws which shall be necessary and proper to regulate commerce

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23
Q

The dilemma presented by N&P is that it can be construed to ___

A

permit almost anything or add nothing to other congressional powers but it does not seem to fit easily into any inbetween position

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24
Q

McCulloch potential middle ground for N&P

A

does not license exercise of any “great substantive and independent powers” beyond what is specifically enumerated

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25
Q

Prinz and Sebelius say that proper at least means that ___

A

NP clause not a justification to do something unconstitutional

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26
Q

Hamburger opinion on “proper”

A

doesn’t justify admin state since it cannot justify moving around powers

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27
Q

Wickard facts

A

Under Act designed to mitigate grain glut, farmers allocated ceiling on wheat they could grow even for own uses

28
Q

Wickard holding

A

aggregation principle - can aggregate intrastate activity to discern if substantial effect (look at all homegrown wheat and not just one farmer?

29
Q

Question Wickard raises

A

what can’t Congress regulate

30
Q

Wickard reasoning

A

well established that commerce includes power to regulat4e prices and practices affecting such prices

31
Q

Heart of Atlanta facts

A

Motel accessible by interstate highways, 75% patrons out of town, refusing to rent rooms to Black peopel after civil rights act

32
Q

Heart of Atlanta holding

A

Commerce includes power to regulate local incidents (including local activities) which might have substantial and harmful effect on that commerce

33
Q

H of A reasoning 1

A

determinative tests are whether commerce concerning more States than one + substantial relation to national interest

34
Q

H of A reasoning 2

A

discrimination impedes Black interstate travel

35
Q

Hamburger note on H of A

A

important not for CC but for Civil Rights reasons ,falls well within doctrine at time (business is instrumentality) and since medieva traditional power to regulate highways

36
Q

Lopez facts

A

federal offense to possess firearm in school zone

37
Q

Lopez holding

A

exceeds CC, not economic activity that might have substantial effect on interstate

38
Q

Lopez reasoning 1

A

regulating guns in schools doesn’t fit into any of three categories

39
Q

Lopez reasoning 2

A

criminal statute nothing to do with commerce or economic enterprise

40
Q

Lopez reasoning 3

A

no Jdx element that would ensure through case by case inquiry that firearm in possession affects interstate

41
Q

Lopez reasoning 4

A

Government “cost of crime” argument is slippery slope, would give general police power

42
Q

Lopez note 1

A

interstate commerce not unlimited category (but don’t describe limits well)

43
Q

Lopez note 2

A

not overturning CC, more of a drafting guide make Congress say magic words

44
Q

After Lopez, Congress amended statute to say __

A

unlawful to possess firearm that has moved in or that otherwise affects interstate commerce

45
Q

What is danger of expanding CC?

A

effectively given Congress a general police power

46
Q

why is NP and CC doctrine unstable?

A

fact that there are no real limits invites litigation to define the limits

47
Q

Gonzalez facts

A

CA law permits medicial marijuana but DEA destroys pot plants

48
Q

Gonzalez holding

A

Application of CSA prohibition to interstate growers of marijuana did not exceed CC since rationally related to regulation of interstate commerce

49
Q

Gonzalez reasoning 1

A

similar to Wickard, can regulate activity not itself commercial (not for sale) if conclude failure to regulate would undercut regulation of interstate market in that commodity

50
Q

Gonzalez reasoning 2

A

production of commodity meant for home consumption has substantial effect on demand in national market since could enter illicit market

51
Q

Gonzalez reasoning 3

A

need not determine if respondent activities in aggregrate substantially, only whether rational basis exists for so concluding

52
Q

Gonzalez reasoning 4

A

Unlike Lopez and Morrison, activities regulated by CSA are economic

53
Q

Why is rational basis bar used in Gonzalez?

A

economic decision that judges don’t want to make, okay as long as logical nexus

54
Q

Comstock facts

A

fed statute authorizing district court to order civil commitment of federally incarcerated individual if they have serious mental illness that makes them sexually dangerous to others

55
Q

Comstock holding

A

Congress has power to enact

56
Q

Comstock reasoning 1

A

NP Clause makes it clear Consti grants of specific authority accompanied by broad power to enact laws convient/useful to authority’s “beneficial exercise”

57
Q

Comstock reasoning 2

A

Cong power to create federal prisons –> power to civilly commit its prisoners since fed govt is custodian –> power to civilly commit

58
Q

Comstock reasoning 3

A

Not too attenuated (unlike Lopez)

59
Q

Kennedy comstock concurrence

A

analysis depends not on the number of links in the congressional power chain but the strength of the chain

60
Q

Thomas Comstock dissent

A

NP empowers Congress to enact only those laws that carry into Execution one or more enumerated powers and no enumerated power covering civil committment regime

61
Q

Comstock note based on Kennedy

A

doesn’t matter if Congress isn’t explicitly given enumerated power, just needs to pass rational basis analysis that law is somehow connected to an enumerated power

62
Q

US v Morrison holding

A

CC did not empower Congress to enact Violence against women act which made certain acts of domestic violence federal crimes and torts

63
Q

Perez v US holding

A

Anti-Loan sharking statute upheld, extortion is wholly intrastate but affects interstate commerce because fuels organized crime

64
Q

Katzenbach reason 2

A

restaurant served meat that had once traveled in interstate commerce

65
Q

Katzenbach test

A

all Congress needs is rational basis for thinking regulation of interstate commerce is convenient and useful to the promotion of interstate commerce

66
Q

Katzenbach reason 1

A

racial discrim at restaurants direct and highly restrictive effect upon interstate travel of Black Americans

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