Constitution

Question 1

CONSTITUTION - 2-Powers of Congress - A-Commerce - 1-Interstate Commerce

1. What falls under the commerce clause?

2. What are the limits of the commerce clause?

Answer 1

🏛️🌍🍴🌏🤑❌🔥

1. ALL ACTIVITY AEFFECTING 2 OR MORE STATES

• the commerce clause allows congress to regulate any activity that substantially aeffects interstate commerce, which includes essentially all activity that aeffects 2 or more states

2. LIMITS: MANDATE COMMERCE OR INFRINGE ON OTHER RIGHTS

• congress cannot: (1) force engagement in commerce; (2) infringe on other constitutional rights

Question 2

CONSTITUTION - 10-State Action - A-Traditional Governmental Function - 1-Traditional Governmental Function

1. What does the constitution protect against?

2. What is the one exception to the state action requirement?

3. What types of acts are state functions?

Answer 2

1. CONSTITUTION PROTECTS FROM GOVERNMENT NOT PRIVATE PARTIES

• constitution protects against wrongful government actions, not private parties

2. STATE ACTION EXCEPTION: 13TH AMENDMENT

• constitution protects against slavery, discrimination by private parties

3. STATE ACTIONS: TRADITIONALLY GOVERNMENTAL FUNCTIONS

• when a private person performs acts that are traditionally carried out by the government, it is a state action; or they are so intertwined…

Question 3

CONSTITUTION - 14-Privileges & Immunities Clauses - A-Article IV - 1-Prohibits State Discrimination Against Nonresidents

1. What is the privileges and immunites clause?

Answer 3

1. CAN’T DISCRIMINATE AGAINST CITIZENS OF ANOTHER STATE

• prohibits one state from discriminating against the citizens of another state

Question 4

CONSTITUTION - 14-Privileges & Immunities Clause - A-Article IV - 2-Rights Protected

1. What rights are protected under the privileges and immunities clause?

Answer 4

1. EMPLOYMENT, PROPERTY, COURTS, COMMERCIAL, NOT RECREATIONAL

• can’t discriminate as to fundamental rights or essential activities, eg, employment, property, courts, commercial activity; doesn’t apply to recreational activity, eg, hunting

Question 5

CONSTITUTION - 14-Privileges & Immunities Clauses - A-Article IV - 3-Exception – Substantial Justification

1. What must the state show to have an exception the the privileges and immunities clause?

Answer 5

👨‍⚕️🌹 DRS ROSe

1. SUBSTANTIAL REASON & RELATIONSHIP

• a state can discriminate if there is a substantial reason that has a substantial relationship with a state’s objective