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Charleston Law 2L > Constitution Law FINALS > Flashcards

Constitution Law FINALS Flashcards

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1
Q

According to CJ Roberts, in his holding of Sebelius, the choice to participate in medicaid expansion and receive billions or choose not to and receive nothing amounted to what?

A

Coercion

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2
Q

CJ for Sebelius?

A

CJ Roberts

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3
Q

In Sebelius, the medicaid expansion provision was found to be constitutional. [T/F]

A

False

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4
Q

Why was medicaid expansion [tied to funding] unconstitutional according to CJ Roberts?

A

Coercion. Opt in or lose it all.

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5
Q

[T/F] “Congress violates 10 amendment by attempting to coerce states to legislate by threatening with loss of already existing FED funding if they do not.”

Bonus: Case?

A

True. Sebelius

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6
Q

Can congress coerce states to legislate through program of conditional spending if states have no meaningful choice?

A

No.

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7
Q

Article 1 Sec 8 CL 1 says congress can spend for several purposes, one of which is the golden ticket for liberals. What is it?

A

“General welfare”

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8
Q

T/F) Congress can’t command you to regulate in a specific way.

A

True

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9
Q

CJ in SD v. Dole?

A

The goat. CJ Rehnquist. Setup Conditions test.

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10
Q

In SD v. Dole, if FED funds withheld “conditionally,” what are the requirements?

  2. 3.
    4.
    5.
A
  1. General Welfare
  2. Receipt of funds = NOT AMBIGUOUS
  3. Must be related to FED interest / Program.
  4. Conditions can’t violate Constitution.
  5. Not coercive.
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11
Q

Whats the conditions test established by the goat, CJ Rehnquist?

A
  1. General Welfare
  2. NOT AMBIGUOUS
  3. Related to FED program
  4. Not coercive
  5. Can’t violate Constitution
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12
Q

SD v. Dole is about _______ regulation.

A

Alchohol regulation. This case established the Conditions test setup by the goat, RQ.

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13
Q

According to the goat, CJ Rehnquist, who decides if the spending is in pursuit of general welfare? is it the courts?

A

No. It is up to Congress to decide.

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14
Q

What is the test for unconditional spending?

A

Congress decides if in general welfare interests.

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15
Q

T/F) Congress can command states to legislate.

A

False.

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16
Q

T/F) Congress’s war powers include the authority to address the negative effects of war, which lasts far beyond the end of the actual war.

A

True, Woods v. Miller

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17
Q

What was woods v. miller about?

A

LL wanting to raise rent after the war.

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18
Q

CJ Douglas, in Wood v. Miller, said congress can do what?

A

Congress may control rents even after cessation of WWII.

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19
Q

Where do state government’s find power to regulate local rents?

A

Police powers

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20
Q

Can congress regulate migratory birds?

A

Yes.

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21
Q

Who can make treaties?

A

POTUS

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22
Q

How does POTUS treaty get approved?

A

2/3 approval from Senate

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23
Q

Who has war powers?

A

Congress

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24
Q

Who has power to raise and support armies?

A

Congress

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25
Q

Who has power to provide for and establish a NAVY?

A

Congress

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26
Q

What FED organ disperses revenue for things, including war?

A

Congress

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27
Q

When was the last time US declared war?

A

WWII

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28
Q

Department of War became Department of ________ in 1947.

A

DOD [Defense]

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29
Q

What was Missouri v. Holland about?

A

Missouri tried to stop Game Warden from enforcing new Federal law stemming from new US treaty protecting migratory birds.
The treaty was valid expansion of authority so law was valid.

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30
Q

What was Missour’s 10 amendment argument?

A

Regulation of in-state birds within police powers of the state and off limits to FED gov.

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31
Q

Can the FED violate constitutional text by treaty?

A

No

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32
Q

Can the FED expand authority of congress by treaty?

A

Yes

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33
Q

What is the takeaway from Missouri v. Holland?

A

Treaties of the US can expand authority of congress to regulate but it can’t allow congress to violate constitutional provisions.

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34
Q

Missouri v. Holland remains good law which means….

A

…. the Gov. can expand authority by treaty.

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35
Q

Can congress abolish bill of rights by treaty?

A

Hell no

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36
Q

Under Garcia, may Charleston opt out of FLSA law?

A

Nope

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37
Q

[1985] Does the 10th amendment shield local and state gov. from FED law regulating the economy?

Case?

A

No. Garcia v. San Antonio Metro

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38
Q

What was Garcia v. San Antonio Metro about?

A

FLSA regulation. Overturned previous case and reinstated FLSA regulation per US v. Darby.

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39
Q

What case disposed Rehnquist’s [The Goat] traditional gov. functions test and said states must comply [again] w/ FLSA?

A

Garcia v. San Antonio Metro

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40
Q

May Congress COMPEL states to enact or administer a federal regulatory program? Case?

A

No. NY v. US

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41
Q

When can States enter into interstate agreements with other states?

A

Only when congress authorizes.

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42
Q

Can congress command states to enforce federal law?

A

no

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43
Q

What happened in Printz v. US?

A

Lawsuit over national gun background checks. The Court said FEDS cant require state’s to run federal programs, such as this one requiring very specific gun background checks.

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44
Q

In Printz v. US, what did CJ Scalia decide?

A

Prioritizing FED background checks would interfere with ability of local LE offices to carry out their own activities in a timely manner.

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45
Q

What can’t congress do?
1.
2.
3.

A
  1. Order state legislators to legislate.
  2. Order civil servants carry out FED law.
  3. Coerce into FED program compliance.
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46
Q

When can a gov. branch, say the DMV, share personal citizen info to outside 3rd party?

A

Only as related to vehicle safety recall.

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47
Q

11th amendment protects WHO against WHAT?

A

States against lawsuits.

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48
Q

T/F) 10th amendment does NOT protect against lawsuits, it protects states against congressional commands to legislate, carry out federal policy…

A

True

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49
Q

T/F) 11th amendment protects suing states directly.

A

True

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50
Q

Do persons of a state have 11th amendment immunity from suit?

A

No. Only the states

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51
Q

States and FED gov. have soverign immunity from suits, but what about named government officials?

A

Fair game

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52
Q

Can you sue SC army national guard?

A

No. Organ of the state gov.

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53
Q

Can you sue Charleston PD?

A

Yes, not an organ of state gov.

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54
Q

Qualifications for membership in both chambers?

  1. Senate
  2. House
A
  1. Senate = 30 yrs
  2. House = 25 yrs + residency
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55
Q

_____ _____ ____: Is a legal doctrine in the US that prevents states from adopting measures that could intefere with IC.

A

Dormant CC

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56
Q

Can the dormant CC be applied to limit FED power?

A

No. Never.

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57
Q

___ amendment limits state authority with view of prohibiting state abuse of civil rights.

A

14th amendment

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58
Q

SC says the 14th amendment binds states to what?

A

The Bill of rights

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59
Q

What can’t states do?

A
  1. establish currency
  2. engage in foreign trade
  3. Establish military
  4. Discriminate IC
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60
Q

_____ flows directly from the supremacy clause. Generally, this doctrine says FED law trumps or ___ state law.

A

Preemption Doctrine

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61
Q

Gibbons v. Ogden was a _____ case.

A

Preemption case

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62
Q

______ preemption: Congress passes statute commanding states not to legislate in a particular area.

A

Express preemption

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63
Q

2 types of ___ preemption:

1.
2.

A
  1. [Conflict] Cant comply with FED & State regs at same time.
  2. Field preemption
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64
Q

_____ preemption: Where congress occupies the field it has chosen to regulate.

A

Field preemption

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65
Q

If FEDs set speed limit of 55, are states preempted from setting at 45?

A

No. Just can’t set above. 45 allows driver to comply with state and FEDS.

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66
Q

FEDs set gas limit $4. Can states set at $3 limit?

A

Yes. Driver can comply with both. Not preempted.

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67
Q

When is state law preempted?

A

When compliance with both is impossible or state law compliance undermines FED law.

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68
Q

Case? “Federal law does not preempt state-law tort remedies for injuries caused by nuclear activity.”

A

Silkwood v. Kerr McGee

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69
Q

If name of the state is to the left of the “v.” symbol?

A

Permissible. To the right suggests 11th amendment problem.

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70
Q

Dormant CC is used to challenge laws made by who?

A

The states. It cannot target FED law.

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71
Q

Can congress violate the constitution through inaction?

A

No.

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72
Q

____ ____ ____allows courts to ID areas off limits to regulators b/c nature of activity that a national standard is required and if this Is so, that must be set by congress and states can’t do it.

A

National Uniforms Standard test

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73
Q

T/F] A state statute that discriminates against interstate commerce will be held invalid if there are other, less-discriminatory means by which the state legislature can accomplish its objective.

A

True

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74
Q

Dean Milk v. Madison was a permissible exercise of milk production. [T/F]

A

False

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75
Q

Why was Dean Milks acts impermissible?

A

It was ok for Dean Milk to regulate this industry because not preempted by FEDs, however, there were reasonable alternatives to regulation making Dean’s acts impermissible as an economic barrier.

Must have Legitimate purpose + less discriminatory means

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76
Q

What was the balancing put forward by CJ Powell in Kassel v. Consolidated freight?

A

[State health/safety concern] V [Burden on IC]

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77
Q

“When Congress has not acted, if a state regulation does not discriminate against interstate commerce and the state legislature has a rational basis for adopting the regulation based on safety or economic interests, the Court must defer to the judgment of the state legislature in holding the regulation constitutional.”

CJ stone held above, arguing that state highways are of great concern, and their safety, to state regulation.

A

Barnwell Bros

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78
Q

What was Barnwell Bros about?

A

SC state regulation of highways. It was permissible.

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79
Q

Why was SC statute permissible in Barnwell Bros?

A
  1. No preemption
  2. Valid / rational safety concern
  3. Did not discriminate against IC
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80
Q

Is a state prohibition on cross boarder economic transactions ever permissible?

A

It can be. Maine v. Taylor. State must have (1) Legitimate purpose and (2) no other less discriminatory means of achieving.

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81
Q

What did Oklahoma do wrong in Hughes v. Oklahoma?

A

They had a valid purpose but did not use non-discriminatory means.

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82
Q

When is the only time Protectionism is permissible?

A

When there is an absence of non-discriminatory options.

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83
Q

Why was Maine allowed to discriminate on IC but Oklahoma was not?

A

Maine had no “less discriminatory” alternative to pursue. Oklahoma did.

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84
Q

_____ alone sets national uniform standards.

A

Congress

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85
Q

______ test: When a court finds problem calls for a uniform solution, a court will prohibit states from uniquely regulating.

A

National Uniform Standards test

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86
Q

T/F) Under the DCC, a state law that heavily burdens IC while only marginally furthering a state health and safety purpose is unconstitutional.

A

True

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87
Q

CJ Marshall quote

A

“Let the end be legitimate, within the scope of the Constitution, by all appropriate means, plainly adapted, not prohibited but within the letter and intent of the Constitution.”

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88
Q

Why did framers enact the CC?

A

To prevent problematic states from looking inwards, drafting legislation that would stunt the national budding economy.

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89
Q

Outside of amendments and ratifications, how is the Constitution amended or expounded?

A

SC Interpretation

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90
Q

CJ for Comstock?

A

CJ Breyer

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91
Q

SC usually hears ______ cases. This was problematic in MvM because Marbury brought case of 1st instance.

A

Appellete

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92
Q

Writ of mandamus =

A

“We command”

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93
Q

Authority in Comstock

A

NP + Enumerated power

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94
Q

What case did Comstock reaffirm?

A

McCulloch v. Maryland

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95
Q

Fed lands = %

A

27%

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96
Q

Gonzalez v. Raich upheld what case and test?

A

Wickard v. Filburn = Substantial Economic effects test

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97
Q

Gibbons had a ____ license.

A

Federal

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98
Q

According to Marshall in McCulloch v. Maryland, NP =

A

Useful or conveninent

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99
Q

DCC is a Judicially created _______ on exercise of state authority.

A

Judicially created prohibition

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100
Q

Does the fact that something like weed is illegal in some states or undesirable make it untouchable by CC analysis?

A

nope.

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101
Q

T/F) Modern approach to CC means that commerce extends to narcotics, human trafficking, radioactive waste, etc.

A

True

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102
Q

T/F) It doesn’t matter is something is bad. If somebody wants to buy it, its commerce baby.

A

True

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103
Q

__________ is where a state protects in state businesses, isolating a specific economic sector against out of state competition.

A

Protectionism

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104
Q

3 ways DCC can come up?

A
  1. Discrimination [Protectionism]
  2. Undue burden [Pike test]
  3. National Uniform standards
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105
Q

Congress intervening and setting a national US waste policy is an example of what?

A

National Uniform Standard

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106
Q

____ _____ analysis: Where a state statute even handedly effectuates legitimate public interest and only incidently effects IC will be upheld unless clearly excessive as related to local benefit.

A

Undue burden analysis

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107
Q

State statutes are overruled [undue burden analysis] when?

A

When the IC discrimination is CLEARLY EXCESSIVE as related to local benefit.

108
Q

What if mad cow outbreak in NY? Can NJ fence this out?

A

Yes.

109
Q

Can congress regulate activities in resteraunts? What authority?

A

Yes! Katzenbach v. McClung. [Ollies BBQ]

110
Q

Can congress regulate / enact regulations that prevent racial discrimination in hotels? What test is used?

A

Yes. Substantial effects test. Also the hotel is an instrument of IC and any highway near it is a channel of IC. Plenary authority.

111
Q

Define the 3 tests of authority as related / applied to CC analysis.

A
  1. Instruments
  2. Channels
  3. Substantial effects test [Affectation Doctrine]
112
Q

Congress may regulate local activity if that activity exerts a ‘substantial’ economic effect on IC. What cases?

A
  1. Wickard v. Filburn [Wheat]
  2. Gonzalez v. Raich [Weed]
113
Q

What rule did Wickard introduce?

A

Substantial effects test

114
Q

Congress may regulate the production of homegrown weed because this activity, taken in the aggregate, could have a substantial economic effect on interstate commerce.

A

Gonzalez v. Raich

115
Q

The _________Doctrine refers to the power of Congress to regulate any activity which, in the aggregate, has a ‘substantial economic effect’ on interstate commerce.

A

Affectation Doctrine

116
Q

Midterm: According to CJ Scalia, if Congress wants to enact comprehensive regulatory scheme, what do they need?

A

NP + CC

117
Q

According to CJ Scalia, what allows congress to penetrate deep into the states?

A

NP + CC

118
Q

How can congress enact comprehensive regulatory schemes for just about anything?

A

NP + CC

119
Q

Congress can regulate commerce activities but they can’t make you engage in it. [T/F] Case?

A

True! Sebelius

120
Q

If you have broccoli farm in CA, can congress task FDA with sending inspectors to farm to make sure your broccoli is safe?

A

Yes. No doubt since abandonment of EC Knight and upholding of new cases such as Raich (weed) & Wickard

121
Q

What is required to amend constitution?

A

2/3 Senators and 3/4 states. (38)
27 Amendments thus far, 15 lasting.

122
Q

Does the preamble create legal rights or powers?

A

No

123
Q

Article 1 =
Article 2 =
Article 3 =

A

1 = Legislative
2 = Executive
3 = Judicial

124
Q

_______ refers to the difficulty inherent with changing the law.

A

Entrenchment

125
Q

What did Marbury v. Madison establish?

A

Judicial review

126
Q

What act was invalidated in Marbury v. Madison? Why?

A

Judicial act of 1789. Sought to expand SC authority beyond Article 3.

127
Q

Article 4 Sec 3 Clause II

A

Fed Lands

128
Q

Where does SC have original J?

A

Foreign diplomats
Controversy between states
FED Q

129
Q

“Any law that conflicts with the Constitution is no law at all.”

A

Chief Justice Marshall

130
Q

What is the only way to change constitutional provisions?

A

Ratification of new amendments

131
Q

CJ Marshall essentially makes a 2 pronged [text] argument of authority in MvM.

A

(1) Supremacy clause
(2) Oath of office

132
Q

______ theory: The constitution is a compact among the ppl, who have ultimate authority. Delegates may not exercise authority the ppl have not delegated them.

A

Compact theory

133
Q

“State officials are bound by orders of the Supreme Court based on its interpretation of the US Constitution.” This includes past decided cases. What case?

A

Cooper v. Aaron. Arkansas had to comply with SC holding in Brown v. Board of Ed.

134
Q

In Cooper v. Aaron, what previous case did the SC say applied to Arkansas?

A

Brown v. Bd of Education

135
Q

“Congress has the constitutional power to charter the Bank of the US. This power is derived from the Constitution’s grant to Congress of power to tax and spend for general welfare.”

A

McCulloch v. Maryland

136
Q

What authority did US use to charter national bank in McCulloch v. Maryland?

A

Express power to tax, coin money, spend + NP

137
Q

In 1818, why did Maryland despise the US bank? What did Maryland do? Prob w/ Maryland actions?

A
  1. Competition
  2. Taxed it
  3. States can’t tax Union
138
Q

Who delivered opinion of the Court in both Marbury v. Madison [1803] and McCulloch v. Maryland? [1818]

A

CJ Marshall

139
Q

According to CJM, in McCulloch v. Maryland [1818], N&P allows congress to make all laws that are…

A

Useful or convenient. This is reaffirmed in Comstock by CJ Breyer in 2010.

140
Q

In additional to express powers, congress has implied powers according to what case?

A

McCulloch v. Marland, 1818

141
Q

“It is a Constitution we are expounding.”

A

CJ Marshall, McCulloch v. Maryland, 1818.

142
Q

Why does N&P clause -according to CJM- represent a grant, not a limit, on Federal power?

A

Structure argument. Its located in the Express powers of Article 1 Section 8.

143
Q

Sex Offender case?

A

US v. Comstock, 2010

144
Q

Can FED detain sex offenders past their sentence?

A

Yes, Comstock in 2010

145
Q

Define CJ Breyer’s test in 2010.

A

Enumerated power + NP

146
Q

What is the navigation case?

A

Gibbons v. Ogden

147
Q

Gibbons had ___ license.

A

Federal

148
Q

Ogden had ___ license.

A

State

149
Q

“The word commerce includes traffic, intercourse, and navigation, as well as commodities associated with interstate commerce. “

A

CJ Marshall, Gibbons v. Ogden

150
Q

CJ Marshall, said that commerce is defined as…

A

Every species of intercourse commerce

151
Q

Who has police power in the US, generally speaking?

A

States

152
Q

Where do FEDS have limited police powers?

A

(1) Fed lands
(2) DC

153
Q

DC police power text authority?

A

Art I Sec 8 CL 17

154
Q

NP text location?

A

Art I Sec 8 Clause 18

155
Q

FED lands text authority?

A

Art 4 Sec 3 CL 2

156
Q

____ v. _____ [1903] held that “The trafficking of lottery tickets across state lines constitutes interstate commerce that may be prohibited entirely by Congress under the Commerce Clause of the Constitution.”

A

Champion v. Ammes

157
Q

If attaches at state line, it is ____ authority.

A

Plenary authority. Champion v. Ammes where “The trafficking of lottery tickets across state lines constitutes interstate commerce that may be prohibited entirely by Congress under the Commerce Clause of the Constitution.”

158
Q

___ ____ Doctrine: All legislative powers vested in Congress of the US. 3 letter agencies therefore shouldn’t legislate. Different in real practice

A

Non-delegation doctrine

159
Q

Congress enacted legislation to protect RR rates / travelers as related to IC.

A

Shreeveport RR TX case

160
Q

T/F) DCC does not apply when congress consents to laws that discriminate against IC.

A

True!

161
Q

If congress hasn’t made a rule and the state does, if it is fair and reasonable + Legitimate purpose, then it will be valid.

A

True, as was the case in Barnwell Bros.

162
Q

T/F) The anti-commandeering doctrine is based on the premise that framers and ratifiers did not vest congress with authority to regulate the states directly because that power had proven problematic under articles of confederation.

A

True

163
Q
  1. Maine
  2. Oklahoma

Which one did the SC find had no non-discriminatory means to pursue its legitimate gov. interest?

A

Maine!

164
Q

Does federal law stop the award of punitive damages for nuclear accidents? [Case]

A

No. Silkwood v. Kerr McGhee

164
Q

Minor exception of permissible commandeering of state gov. officials?

A

Reno v. Condon = may share DMV client info for safety recalls

165
Q

What case showed that states have sovereign immunity from lawsuits?

A

Alden v. Maine [State name to right is a problem unless they consent] Probation Officers sued state for more money lol.

166
Q

Does state immunity also apply to state universities and state police departments?

A

Yes. Alden v. Maine

167
Q

____ amendment is one of very rare scenarios where SC decision generated such backlash that amendment came about to correct SC decision.

A

11th amendment

168
Q

_______ amendment states that the judicial power of the United States does not extend to lawsuits brought against a state by citizens of another state or foreign state. It has also been interpreted to mean that state courts do not have to hear certain suits against the state if those suits are based on federal law

A

11 amendment

169
Q

Does the 11th amendment say anything about suing your own state?

A

Nope

170
Q

Can you sue another state in FED court?

A

No

171
Q

The _____ ______ Clause is a legal doctrine in the United States that prevents states from adopting protectionist measures that could interfere with interstate commerce.

A

Dormant commerce clause

172
Q

DCC prohibits ____ measures by the states.

A

Protectionist

173
Q

Can the DC ever be applied to limit FED power?

A

Hell no

174
Q

Preemption flows directly from where?

A

The Supremacy Clause

175
Q

Congress passes statute and in specific terms, commands states not to legislate in particular area or it invalidates state law.

What type of preemption?

A

Express

176
Q

___ preemption: Congress occupies the filed it chose to regulate.

A

Field preemption

177
Q

Compliance with FED & STATE legislation is impossible. ____ preemption

A

Conflict preemption

178
Q

Immigration is an example of what type of federal preemption?

A

Field preemption: They occupy this field that they have chosen to regulate

179
Q

Can you find the DCC in the Constitutional text?

A

No

180
Q

Who can violate CC?

A

Congress or FED agencies only

181
Q

____ CC is used to challenge laws made by the states, cannot target FED law.

A

Dormant CC

182
Q

Who is the only entity that can enact national uniform standard?

A

Congress or FED agencies

183
Q

DCC scenario trigger

A

State passes law regulating area of commerce that congress has NOT regulated yet. May wake up that smoldering beast.

184
Q

DCC is an ______ rule.

A

Anti-discrimination rule. It stops protectionism in the states that unduly burden IC while only marginally helping local interests.

185
Q

____ ____ exception to CC: If state selling gov. owned property, including natural resources, it may offer better deal to in state persons.

A

Market Participation Exception

186
Q

Does the Market Participation Exception permit the state government to COMMAND private parties to discriminate against IC.

A

No.

187
Q

Does the MP Exception permit states to sell gov. property at better rates to in state residents?

A

Yes.

188
Q

DCC = _________ tool

A

Anti-discrimination tool

189
Q

Do civil rights apply to DCC analysis?

A

No! Discrimination based on human rights not relevant to DCC.

190
Q

[MK]
Const. text v. Statute?

A

Const. Text

191
Q

[MK]
State law v. FED law?

A

FED

192
Q

When congress ACTS pursuant to CC authority, is this DCC triggering?

A

No.

193
Q

Where is the privileges and immunities clause?

A

Article 4!

194
Q

Article 4 protects who?

A

Human beings only, no business entity has any rights, nor may entity bring action under Article 4.

195
Q

When is Article 4 rights triggered?

A

These claims are brought by citizens of State A against gov. of State B for discriminating against their person. You can’t bring against your own state however.

196
Q

Does article 4 rights vests with illegal immigrants?

A

No. Protects citizens of state A from state B.

197
Q

Prudential Insurance Company, a New Jersey company, does business in South Carolina. South Carolina has a tax for foreign insurance companies doing business there. Prudential doesn’t like this tax and says it goes against the dormant Commerce Clause.

A

Prudential v. Benjamin

198
Q

In Prudential v. Benjamin, did congress allow SC to continue to tax Prudential?

A

Yes

199
Q

The rule of this case is that Congress can allow states to make laws that would usually violate the dormant Commerce Clause… [such as taxing a business in the state]

A

Prudential v. Benjamin

200
Q

A state can make rules for business deals it’s involved in, but it can’t make rules that affect other markets too much, such as REQUIRING COMPANIES TO PROCESS TIMBER IN-STATE.

A

South-Central Timber v. Wunnicke

201
Q

What happened in South-Central Timber v. Wunnicke?

A

AL required companies to process timber in-state, violating DCC.

202
Q

Alaska can make rules about selling timber because it’s involved in that market. But, it’s not just selling timber, it’s also trying to control how the timber is processed. If Alaska just gave money to companies that processed their timber in the state, that would be okay.

A

South-Central Timber v. Wunnicke

203
Q

South-Central Timber v. Wunnicke introduced what exception to DCC violations?

A

Market Participation exception

204
Q

Even if a business is not making a profit, it can still be considered as part of interstate commerce. Such as non-profit campgrounds.

A

Camp Newfound v. Harrison

205
Q

What happened in Camp Newfound v. Harrison?

A

Maine has a rule that gives tax breaks to nonprofit organizations, but only if they mainly help people who live in Maine and don’t charge more than $30 per person. The camp charges $400 per week and most of its campers are not from Maine, so it doesn’t get the tax break. The camp thinks this rule is unfair because it treats out-of-state people differently.

206
Q

A state cannot treat goods from other states differently just because they come from somewhere else, such as stopping other states from sending their waste to your state’s waste disposal site.

A

City of Philadelphia v. NJ

207
Q

In 1974, New Jersey made a law that stopped other states from sending their waste to New Jersey.

A

City of Philly v. NJ

208
Q

The Dormant Commerce Clause principle says that a state law that heavily burdens interstate commerce and only slightly helps a state health and safety purpose is not allowed, such as SETTING MAXIMUM TRUCK TRAILER LENGTHS.

A

Kassel v. Consolidated Freight

209
Q

What happened in Kassel v. Consolidated Freight?

A

Iowa law said trucks longer than 55 feet were not allowed in Iowa.

210
Q

law said trucks longer than 55 feet were not allowed in Iowa.

A

Kassel v. Consolidated Freight

211
Q

Case ROL: A challenge to malapportionment of state legislatures brought under the Equal Protection Clause is NOT a political question and is thus justiciable.

A

Baker v. Carr

212
Q

Case ROL: The court decided that legislative redistricting was not a political question and could be decided by the courts. They said that for an issue to be a political question, it had to meet one of six tests, none of which this case met.

A

Baker v. Carr

213
Q

In the Supreme Court case _____________, the court established a six-factor test to determine if an issue is a political question.

A

Baker v. Carr

214
Q

What case created PQ test?

A

Baker v. Carr

215
Q

Case ROL: A state can make different rules for people who live in the state and people who don’t, as long as these rules don’t affect the rights of non-residents that are important for the country to function as one. [Fundamental to national economic Union]

A

Baldwin v. Fish & Game

216
Q

Case Issue: The question is whether Montana’s hunting license system, which charges more for non-residents, violates the Constitution’s [Privileges and Immunities Clause] by discriminating against non-residents

A

Baldwin v. Fish & Game [The court said no. It was permissible]

217
Q

Case holding: The Privileges and Immunities Clause is there to make sure all states treat everyone equally, but it only applies to rights that are important for the country to function as one. Hunting for fun in Montana is not one of these rights

A

Baldwin v. Fish & Game

218
Q

Case issue: The question in this case is whether Congress can force states to put in place or manage a federal regulatory program, such as requiring nuclear waste program.

A

NY v. US. The Court said no, the FEDs cant do this.

219
Q

In 1985, Congress made a law to help states deal with low-level radioactive waste. It required states to participate and one state sued the gov and won.

A

NY v. US

220
Q

Selling cheaper hunting licenses to in state residents does not violate the Privileges and Immunities clause. [T/F]

A

True. Baldwin v. Fish & Game. Hunting not essential to functioning nation so does not violate. [Bullshit, hunting very essential.]

221
Q

Case holding: “The dormant Commerce Clause usually stops states from making taxes that hurt businesses from other states. But, the court said that Congress can let states do things that might hurt businesses from other states.”

A

Prudential v. Benjamin.

222
Q

What case showed that congress can consent to DCC violations?

A

Prudential v. Benjamin

223
Q

May a state control its waste by prohibiting out-of-state waste from crossing its borders?

A

No. City of Philly v. NJ.

224
Q

Can Congress allow a private person to sue a state government without violating the state’s sovereignty protections in the Eleventh Amendment?

A

Yes they can if stemming from 14th amendment. [Fitzpatrick v. Bitzer]

225
Q

When can congress allow a private person to sue a state government despite 11th amendment protections against this?

A

[Fitzpatrick v. Bitzer] When it stems from 14th amendment violations.

226
Q

In 1972, Congress changed Title VII of the Civil Rights Act of 1964 to let people sue state governments for money if they were discriminated against. Fitzpatrick and other retired men sued Bitzer and the State of Connecticut for gender-based discrimination in retirement policies.

A

Fitzpatrick v. Bitzer

227
Q

Congress cannot allow lawsuits against state governments in state courts, unless the state governments agree to it, such as Probation Officers suing for overtime pay under FLSA.

A

Alden v. Maine.

228
Q

How can you reconcile the two?
1. Fitzpatrick v. Bitzer &
2. Alden v. Maine

A

In Bitzer, the suit was permissible b/c it stemmed from 14th amendment. Outside of this and generally speaking, FED can’t force states to face a lawsuit from private citizen.

229
Q

In this case, the Supreme Court said a federal law can’t be charged for state crimes unless Congress clearly said it could be b/c States have the power to make laws for local crimes, not the federal government.

A

Bond v. US.

230
Q

Carol Bond was mad at Myrlinda Haynes for having a baby with her husband. To get back at her, Bond used dangerous chemicals to try to harm Haynes. She was caught on camera and charged with using a chemical weapon, which is against a federal law. Bond said this law shouldn’t apply to her because it was meant for war and terrorism, not personal fights.

A

Bond v. US. She was correct.

231
Q

T/F) FED statutes cant be charged for state level crime unless congress said this was permissible function of the statute.

A

True. Bond v. US.

232
Q

This case said Congress has the power to set rules about how much state employees get paid and how many hours they work, according to the Commerce Clause of the Constitution, brining back FED oversight of the FLSA and overturning 1970s RQ case.

A

Garcia v. San Antonio Metro

233
Q

The 1976 court case is overruled because its ruling isn’t needed to protect state sovereignty. It’s important that states are free to do any activities that its citizens think are appropriate, not just those that are considered ‘traditional government functions’. There are already systems in place to protect state sovereignty in the federal government. States play a big role in electing representatives to the federal government, who continue to represent their states while in office.

A

Garcia v. San Antonio Metro

234
Q

The power of Congress during war can continue even after the war has ended, if it’s needed to fix problems caused by the war, including rent regulation.

A

Woods v. Miller

235
Q

The rule of this case is that Congress can’t use a tax to control something that the Tenth Amendment of the Constitution says is up to the states to decide, such as child labor.

A

Bailey v. Drexel Furniture

236
Q

The Revenue Act of 1951 taxes people in the business of accepting wagers and requires them to register with the government to pay the tax. Kahriger (defendant), who was involved in illegal wagering activities, failed to register and pay the tax. Kahriger challenges the Act on the grounds that its regulatory purpose violates the Tenth Amendment.

A

US v. Kahriger. He was wrong. A tax is not invalid just b/c it is regulatory.

237
Q

A revenue-producing tax is not invalid because the purpose of the tax is regulatory.

A

US v. Kahriger.

238
Q

Congress may regulate the labor standards involved in the manufacture of goods for interstate commerce and may exclude from interstate commerce any goods produced under substandard labor conditions, such as [Lumber company not adhering to FLSA]

A

US v. Darby

239
Q

Garcia v. San Antonio upheld what case?

A

US v. Darby

240
Q

What case said congress cant use CC to reg. violence against women?

A

US v. Morrison

241
Q

Congress may not, pursuant to its Commerce Clause powers, pass a law that prohibits the possession of a gun near a school.

A

US v. Lopez. RQ holding “Congress may regulate only three broad categories of activities: the channels of interstate commerce; the instrumentalities of, or persons or things in, interstate commerce; and activities that substantially affect or substantially relate to interstate commerce”

242
Q

What three channels of IC may congress regulate?

A
  1. Channels
  2. Instrumentalities
  3. Affectation doctrine
243
Q

The mere carrying of handguns (not the buying or selling) in a school zone in no way affects commerce, either substantially or otherwise.

A

US v. Lopez

244
Q

Congress may enact regulations that prevent racially discriminatory policies in hotel accommodations because of the negative effects of those policies on interstate commerce

A

HOA motel v. US

245
Q

Congress has the power to regulate labor relations under its Commerce Clause power. This is because labor relations are closely related to interstate commerce and controlling them is necessary to protect commerce from problems, including those at steel plants.

A

NLRB v. Jones

246
Q

The Houston, East & West Texas Railway Co. was charging higher rates for transporting goods from Shreveport to Texas cities than from Dallas and Houston to the same Texas cities. This was hurting commerce from Shreveport.

A

Shreveport rate case. Congress intervened.

247
Q

Can you bring suit against NC?
Your own state?

A

Yes.
No.

248
Q

Rights protected under the P&I Clause?

A

Those rights fundamental to “national economic Union.”

249
Q

“A real disagreement means that there are two sides who are arguing their points in court. In this case, the law is just testing if the other laws are constitutional, and the U.S. Treasury would pay the lawyers no matter what. So, there isn’t a real disagreement here.”

A

Muskrat v. US. You must have actual Case or Controversy to get into FED court.

250
Q

T/F) Advisory opinions are not constitutionally permissible for federal courts to give.

A

True. Muskrat v. US

251
Q

To bring a lawsuit, people must show that they have personally been hurt in a specific way, and that this hurt is directly caused by what the person they are suing did.

A

Allen v. Wright

252
Q

What case showed that you have to have personal suffered an injury to bring lawsuit?

A

Allen v. Wright

253
Q

Bringing lawsuits:
1. Must be case or controversy.
2. Must be personally injured.

A
  1. Muskrat v. US
  2. Allen v. Wright
254
Q

Requirements of “Standing” under Allen v. Wright to bring suit?

A
  1. Personal injury
  2. Directly connected to ∆
  3. Seeking redress
255
Q

Define cases that can be heard under Article III, Cases & Controversies?

A
  1. State A v. State B
  2. Citizen A v. Citizen B
  3. State A v. Citizen B
  4. Foreign states / citizens
256
Q

T/F) A plaintiff may not litigate a generalized complaint against the government based on harm suffered equally by all citizens.

A

True. Lujan v. Defenders of Wildlife. Your harm suffered must be different/unique.

257
Q

Is a state law that burdens interstate commerce while only marginally furthering a health and safety purpose unconstitutional under the Dormant Commerce Clause?

A

Yes. Kassel v. Consolidated Freight

258
Q

T/F) A state law that substantially burdens IC while only marginally promoting local interests is UC.

A

True. Kassel v. Consolidated Freight

259
Q

May a state prohibit the importation of live baitfish from other states if the prohibition serves a legitimate state purpose and this purpose cannot be served by nondiscriminatory means? If so, case?

A

Yes. Maine v. Taylor.

260
Q

2 types of potentially permissive state burdens on Interstate commerce?

A
  1. Incidental
  2. Affirmative
261
Q

Incidental discrimination on IC test?

A

Unconstitutional if clearly excessive.

262
Q

Affirmative discrimination on IC test?

A

(1) Legitimate local purpose + (2) no less discriminatory means. “Hughes test”

263
Q

Maine v. Taylor test came from what previous case? [The state was not allowed to discriminate in that one]

A

Hughes v. Oklahoma

264
Q

What is the “Hughes” test?

A

(1) Legitimate local purpose + (2) no less discriminatory means. This test is used when IC discrimination is “affirmative.”

265
Q

The Constitution specifically limits ability to hold government office to who?

A

To persons who have not engaged in insurrection or rebellion against the United States, unless Congress votes by two thirds majority in each House to restore such persons’ eligibility for office.

Charleston Law 2L (23 decks)

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