Constitutional Clauses Flashcards
1
Q
Commerce Clause
A
Congress can regulate channels, instrumentalities, and activities that substantially effect interstate commerce.
- Substantial effects? (Test)
- Aggregation Principle
2
Q
Dormant Commerce Clause
A
State laws are Unconstitutional if they place undue burden on interstate commerce.
3
Q
Necessary and Proper Clause
A
4
Q
Supremacy Clause
A
5
Q
Appointment Clause
A
6
Q
Taxing Power (Taxing and Spending Clause)
A
May tabac for general welfare (Butler)
7
Q
Spending Power (Taxing and Spending Clause)
A
- Spending must be for “General Welfare”
- Conditions Unambiguous (exercise knowingly)
- Fed Grants may be illegitimate if unrelated do to fed interest in nat’l programs
- Other con provisions bar
8
Q
Preemption
A
When fed law conflicts w state law.
- Express or Implied?
- If both apply to same activity (Actual or Obstacle conflict)
- Preemption
9
Q
Takings Clause
A