ConLaw (Sep. of Powers)

Question 1

Anything dealing with Congress’ ability to tax + spend is subject to what level of scrutiny?

Answer 1

RBR: Challenger must show that regulation is not rationally related to legitimate gov. interest

Question 2

What is Congress’ strongest power?

Answer 2

Power to tax and spend

NOT THE COMMERCE CLAUSE

Question 3

What is the Commerce Clause?

C.I.A

Answer 3

Congress has the power to regulate:
1. Channels of interstate commerce,
2. Instrumentalities of interstate commerce
3. Activities that have a substantial effect on interstate commerce

Question 4

What is the exception to the Market Participant Exception?

Answer 4

States may discrim. against out-of-state businesses if they are acting as a market participant UNLESS Congress says no

Question 5

Define Market Participant

Answer 5

When a state produces goods for commerce or engages in a program of subsidies or other economic incentives to aid in-state businesses

Question 6

Are direct taxes on the fed. gov permitted?

Answer 6

No, unless Congress consents

Question 7

The fine is constitutional under the Property Clause, which gives Congress the power to “make all needful rules and regulations respecting the territory or other property belonging to the United States.” This power permits Congress to acquire and dispose of all kinds of property, and to protect its property with a law such as the one here

Question 8

Under the Full Faith and Credit Clause of the United States Constitution, states must give full faith and credit to the ____ if the judgement is:

Answer 8

judgment of another state if the judgment is
1. final,
2. on the merits, and
3. rendered by a court with jurisdiction.