Con Law Fall Final Terms

Question 1

Empirical Test

Answer 1

uses the substantial effects test and then the aggregation principle

Question 2

Categorical Test

Answer 2

the channels of interstate commerce, the instrumentalities, and the activities that substantially affect interstate commerce.

Question 3

Substantive Effects Doctrine

Answer 3

requires a substantial connection between a federal law and some impact on interstate commerce

Question 4

Aggregation Principle

Answer 4

Everyone’s individual effects added up to impose a substantial effect on Interstate commerce.

Question 5

Cumulative Effect Theory

Answer 5

Finds that something has a cumulative substantial effect on interstate commerce

Question 6

Stream of Commerce Doctrine

Answer 6

a way to determine if the commerce clause applies by looking at whether goods have entered into the flow or transaction between states

Question 7

Delegation of Powers

Answer 7

The transfer of a specific power of specific authority to another branch

Question 8

SOPs

Answer 8

Separation of power (what they control), tasks, and responsibilities among the 3 branches.

Question 9

Formalism

Answer 9

A theory that legal rules stand separate of social and political institutions

Question 10

Functionalism

Answer 10

A theory that analyzes the law based on the functions that law and legal rules serve for society and the other branches of gov.

Question 11

Legislative Veto

Answer 11

Congress overturning a presidential veto

Question 12

Congressional Powers

Answer 12

Article I, Sec 8, describes the powers of congress such as the power to create laws, declare war, raise taxes, regulate commerce, etc

Question 13

Presidential Powers

Answer 13

Article 2, Sec 1-Sec 3 provide the presidential powers which consist of holding executive power, being the commander in chief of the armed forces, power to nominate and appoint judges, etc

Question 14

Federalism

Answer 14

System of gov in which the same territory is controlled by 2 levels of gov.

Question 15

Dual Federalism

Answer 15

expects the states and feds to have separate spheres of power and authority

Question 16

Cooperative Federalism

Answer 16

expects the states and feds to work together in areas of shared power

Question 17

Supremacy Clause

Answer 17

Article 4, Sec 2 prohibits the states from interfering with any function that is entrusted to the federal gov.

Question 18

Commerce Clause

Answer 18

Gives congress the power to regulate commerce with foreign nations, Indian tribes and among the states

Question 19

Intrastate Commerce

Answer 19

Commerce within a state

Question 20

Interstate Commerce

Answer 20

: Commerce between states

Question 21

State Police Powers

Answer 21

the states ability to regulate the health, safety, moral, and general welfare of its populous.

Question 22

Channels of Commerce

Answer 22

Radio waves, the internet, rivers, roads, something that is not an instruments of commerce such as trucks or warehouses. The path commerce takes.

Question 23

Instrumentalities of Commerce

Answer 23

trucks, warehouses, boats, planes

Question 24

Procedural Due Process

Answer 24

limitations of how law is enforced, applied, administered

Question 25

Substantive Due Process

Answer 25

Prohibits government interference on constitutional liberties

Question 26

Privileges or Immunities Clause

Answer 26

clause of the 14th amendment that no state shall make or abridge any law that violates the privileges or immunities of its citizens

Question 27

Bifurcated Citizenship

Answer 27

when you have citizenship via a state and the federal gov

Question 28

Reasonableness Test

Answer 28

used to decide economic substantive due process