Commerce Clause Flashcards
1
Q
Commerce must have some
A
Must have some economic activity/impact
2
Q
Dormant Commerce Clause
A
When there is a void left by congressional inaction, states can regulate. But fed’s can take it back whenever.
3
Q
Congress power to regulate commerce isnt absolute
A
If there is something unique to the locality states have limited power if their regulation isnt in conflict with legal federal activity.
4
Q
Constitutional std of review poles:
A
Rational basis
Strict Scrunity
5
Q
Rational Basis
A
Least searching, jst needs a decent reason.
6
Q
Strict scrutiny
A
most searching, tight fit between law and regulation
7
Q
commerce review:
A
- Is it commerce?
2 Is there a rational basis for regulation?
(In reality, RB is a joke, so all you need is #1).
8
Q
ICC includes:
A
- Channels
- Instrumentalities
- Economic action that suc affects ICC
