Constitutional Clauses

Question 1

Commerce Clause

Answer 1

Congress can regulate channels, instrumentalities, and activities that substantially effect interstate commerce.

1. Substantial effects? (Test)
2. Aggregation Principle

Question 2

Dormant Commerce Clause

Answer 2

State laws are Unconstitutional if they place undue burden on interstate commerce.

Question 3

Necessary and Proper Clause

Question 4

Supremacy Clause

Question 5

Appointment Clause

Question 6

Taxing Power (Taxing and Spending Clause)

Answer 6

May tabac for general welfare (Butler)

Question 7

Spending Power (Taxing and Spending Clause)

Answer 7

1. Spending must be for “General Welfare”
2. Conditions Unambiguous (exercise knowingly)
3. Fed Grants may be illegitimate if unrelated do to fed interest in nat’l programs
4. Other con provisions bar

Question 8

Preemption

Answer 8

When fed law conflicts w state law.

1. Express or Implied?
2. If both apply to same activity (Actual or Obstacle conflict)
3. Preemption

Question 9

Takings Clause