Con Law Week 4

Question 1

modern approach to congress’s taxing power

Answer 1

the power is plenary and not limited by the 10th amendment

Question 2

In the child labor tax case (1922), the SC held that the use of congress’s tax power on manufacturing was unconstitutional because…

Answer 2

The old interpretation was that manufacturing did not fall under commerce and therefore the power of regulating child labor was reserved to the states

Question 3

In U.S. v. Butler (1936) the SC held that congress exercising its power to tax and spend was unconstitutional because …
(Congress was spending money to lower the supply of farm products to stabilize the price and imposing a tax on domestic processing to achieve parity among farmers’ purchasing power, but the farmers rejected their approach)

Answer 3

This was held unconstitutional because the farmers did not agree to it, congress was coercing them (purchasing their compliance). & if the farmers don’t agree, then domestic processing is reserved for the state regulation.

Question 4

What are the two interpretations of “for the general welfare”

Answer 4

1. Madison: it is no more than a reference to the powers already given in subsequent clauses (commerce clause, taxation, etc.)
2. Hamilton: it is not restricted and has a broad meaning

Question 5

In steward machine co v. Davis (1937), congress passes law where if states tax corporations for a national unemployment program, the state would benefit. The states could implement whatever statute the wanted & money would be forwarded to the national treasury. This was ruled not coercive and therefore constitutional because….

Answer 5

At the time, (great depression) states had already relied on the federal government because they failed to compensate for unemployment themselves.

Also, states were not being forced because they could revoke their agreement by repealing the law.

The court noted that every tax is to some extent regulatory

Question 6

In South Dakota v. Dole, congress (through its spending power) required states to raise the minimum drinking age if they wanted money for highway repair. what was the court’s reasoning for holding this constitutional?

Answer 6

even though it a state power to regulate alcohol, there was a related federal interest (doing away with the bloody border problem) and congress is allowed to bribe the states by attaching conditions to its grants

Question 7

What is the rational review test (used in heart of ATL motel) for the commerce clause

Answer 7

1. congress has a rational basis for finding an effect on interstate commerce
2. the means selected to eliminate the evil are reasonable and appropriate

Question 8

In heart of Atlanta motel (a modern case), the court found that the racial discrimination did burden interstate commerce & congress could regulate it because…

Answer 8

In the aggregate (like farmer filburn) the application across the state would have a substantial effect.
Congress using commerce clause + necessary & proper clause

Question 9

what are the 3 commerce clause categories established in Perez v. U.S.

Answer 9

1. Channels
2. Instrumentalities
3. Intra-state commerce that affects inter-state commerce

Question 10

What is the strict scrutiny test for analyzing congress’s commerce clause power?

Answer 10

Used when congress might be regulating something prohibited by the 14th amendment. Congress’s power would be unconstitutional if it
1. burdens exercise of a fundamental right
2. restricts political processes
3. restricts minorities

Question 11

In U.S. v. Lopez, congress was regulating the possession of handguns in schools. The SC ruled this unconstitutional because…

Answer 11

possessing a handgun does not substantially affect interstate commerce. Possession is not an economic activity.
But it could’ve been constitutional if the legislation had related it to the sale of guns instead

Question 12

In Sabelius, why dis CJ Roberts reason that congress could not tax inactivity (under the commerce clause)

Answer 12

the word “regulate” can be stretched to mean prohibit an activity but it cannot create an activity. regulation implies there is something already there to be regulated.

Question 13

what is a saving interpretation

Answer 13

if the court can interpret legislation in 2 ways, one constitutional and one unconstitutional, it must view it in its favorable light

Question 14

Why is the affordable care act’s individual mandate constitutional under the taxing power

Answer 14

The tax payer can still refuse to get insurance, they are just being encouraged by a tax that they could avoid.

Question 15

Why is the affordable care act’s medical expansion unconstitutional?

Answer 15

congress can condition grants but it cannot threaten already existing funds (that is coercion not persuasion)

Question 16

what did justice ginsburg argue that wickard did that would make the medicaid expansion constitutional

Answer 16

she argues wickard DID regulate a future activity, the future sale of wheat. And that citizens who don’t purchase insurance ARE participating in the market because they are “self-insured”

Question 17

Justice Scalia argues that the individual mandate is also unconstitutional under the taxing power (not just under the commerce clause) because…

Answer 17

strict federalism, congress has limited powers (10th amendment) “if a person comes within commerce clause regulation just b/c he will one day engage in commerce - there is no limited government.