Ch 15

Question 0

What 4 areas require analysis under the commerce clause?

Answer 0

1 regulation of foreign commerce
2 regulation of interstate commerce
3 impact on interstate commerce
4 possible limitations of federal regulatory authority

Question 1

From a historical perspective, what has the commerce clause done 4 things?

Answer 1

1 creates 1 nation w/ means to facilitate business
2 demonstrates growth of fed. Gov’s powers over time
3 restricts regulatory powers of state/local gov
4 places limits of fed. Gov. Regulating business

Question 2

Commerce clause: regulation of foreign commerce

2) how does this apply to state/local governments?

Answer 2

Fed government has right to regulate, restrict or limit
Foreign commerce

State and local Gov’s may not do this (unless foreign
Commerce is entirely within state boundaries)

Question 3

Commerce clause: Regulation of interstate commerce

Answer 3

States can’t impede interstate commerce, only the federal

Government can

Question 4

Police powers

Answer 4

Authority of state and local governments

Question 5

What 4 items are required to be protected by police powers under state legislation and regulation?

Answer 5

1 public’s health
2 safety
3 morals
4 general welfare

Question 6

Dormant commerce clause concept

Answer 6

State regulations must not be arbitrary, capricious or

Unreasonable

Question 7

Dual regulation: federal preemption

Answer 7

When federal statute preempts area of regulation any
State or local law pertaining to subject matter is
unconstitutional + void

Question 8

Dual regulation: no preemption

Answer 8

Situations where federal regulation of subject matter is
Not comprehensive enough to preempt field

So state regulation is permitted

Question 9

Irreconcilable conflicts

Answer 9

Exist when it isn’t possible for business to comply with both
Statutes

Question 10

Undue burdens

Answer 10

Found if burdens clearly exceed local benefits

Undue burdens are disallowed by the commerce clause

Question 11

Dual regulation: no federal regulation

Answer 11

State regulation of interstate commerce is permissible
When there’s no federal regulation

Providing no discrimination in favor of local business and
No undue burdens

Question 12

The commerce clause also has been construed as

Prohibiting discrimination…

Answer 12

Against interstate commerce in favor of intrastate commerce

Question 13

Apportionment formulas

Answer 13

Allocate the tax burden of an interstate business among

States entitled to tax it

Question 14

Nexus

Answer 14

To justify tax there must be sufficient contact, connection, tie or link between the business and taxing state

Question 15

Administrative agencies

Answer 15

Boards, bureaus, commissions and organizations that

Make up governmental bureaucracy

Question 16

2 types of regulatory authority an agency can hold?

Answer 16

1 quasi legislative

2 quasi judicial

Question 17

Quasi legislative

Answer 17

Agency can issue rules (regulations) that have impact of

Laws

Question 18

Quasi judicial

Answer 18

Agencies can make decisions like a court

Question 19

What is regulation often a substitute for?

Answer 19

Competition

Question 20

What 4 functions do administrative agencies tend to possess?

Answer 20

1 rule making
2 adjudicating
3 advising
4 investigating

Question 21

Adjudicating

Answer 21

Quasi judicial function involves fact finding and applying the
Law to the facts

Question 22

Cease and desist order

Answer 22

Agency orders violator to stop (cease) the objectionable

Activity and refrain (desist) from similar violations

Question 23

Consent order

Answer 23

Requires organization or individual accused to admit
jurisdiction of agency and waive all rights to seek judicial
Review

Question 24

Advising of agency

Answer 24

Make reports to president or congress

Question 25

Rule making of agencies

Answer 25

Agencies exercise their quasi legislative power by issuing

Rules and regulations that have the effect of law

Question 26

Office of general council

Answer 26

Chief law officer and legal adviser

Represents the agency in court and has significant impact
On policy

Question 27

Administrative law judges

Answer 27

Perform adjudication fact finding functions

Have immunity

Question 28

Immunity

Answer 28

Protected from liability for damages based on their

decisions

Question 29

Quasi judicial proceedings: respondent

Answer 29

Business or individual accused of some illegality

Question 30

Influencing agency decisions

Answer 30

Public hearings are held, where interested parties present

Evidence relating to proposed regulation

Question 31

Any party seeking judicial review of any administrative agency’s decision must be able to approve what?

Answer 31

Standing to sue

Question 32

What administrative decisions aren’t subject to judicial review? 2

Answer 32

1 statutes preclude judicial review

2 agency action committed to agency discretion by law

Question 33

Aggrieved party (plaintiff)

Answer 33

Plaintiff must be harmed by an administrative action or

Decision to have standing

Question 34

Delegation of quasi legislative authority to administrative agencies is subject to 2 constitutional limitations?

Answer 34

1 must be definite

2 must be limited (authority)

Question 35

Definiteness (delegation)

Answer 35

Delegation must be set forth with sufficient clarity so all

Concerned can determine extent of agency’s authority

Question 36

What 2 doctrines guide the courts in the judicial review of agency adjudications?

Answer 36

1 exhaustion of remedies

2 primary jurisdiction

Question 37

Exhaustion of remedies

When does it apply?

Answer 37

Court created rule that limits when courts can review
Administrative decisions

Applies when claim must go in first instance to an
Administrative agency alone

Question 38

Primary jurisdiction

Answer 38

Similar to exhaustion of remedies

Applies when claim is originally filed in courts