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Charleston Law 2L > Constitutional Law Midterm review > Flashcards

Constitutional Law Midterm review Flashcards

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1
Q

Can Congress regulate purely local establishment making purely local food? Authority?

A

Yes. Katzenbach v. McClung

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2
Q

Katzenbach v. McClung allows congress to regulate resteraunts, including sales of services / goods, not just working conditions. T/F

A

True

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3
Q

How do we know that congress can prohibit certain activities all together? IE: Maybe something congress finds immoral.

A

Champion v. Ammes

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4
Q

What does CC allow congress to regulate?

A
  1. Channels
  2. Instrumentalities
  3. Affectation doctrine [Raich & Wickard]
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5
Q

What doctrine should you apply to purely instate activity with NO out of state connections? [Seemingly]

A

Affectation Doctrine.
1. Gonzalez v. Raich
2. Wickard v. Filburn

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6
Q

Explain affectation doctrine.

A

“In the aggregate, the effect of seemingly local activities may very well be substantial.”

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7
Q

What sources of authority did the court use in Gonzalez v. Raich?

A

CC + N&P
Affectation Doctrine

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8
Q

When cc authority attaches, congress power is what?

A

Plenary

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9
Q

Can congress regulate wages, hours, and working conditions in the resteraunt too? [Authority?]

A

Yes. U.S. v. Darby

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10
Q

How can congress enact prohibition on eating local deer? [Champion v. Ammes]

A

Champion v. Ammes. When the good crosses state lines, the market itself can be closed.

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11
Q

Local schemes can be regulated because in the aggregate…

A

… in the aggregate, they have a substantial effect on IC.

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12
Q

Fed Land authority?

A

Article 4 Sec 3 Clause II

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13
Q

How can congress regulate digitally printed guns? Authority?
1.
2.

A
  1. Jones & Laughlin Steel
  2. U.S. v. Darby [Better b/c Affectation doctrine]
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14
Q

What if, seller whom is purely local is not selling, but instead, giving them away for free? Can congress still regulate? Authority?
1.
2.

A
  1. Wickard v. Filburn
  2. Gonzalez v. Raich
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15
Q

When money doesn’t change hands in a local scheme, congress can still regulate because there is a….

A

[Affectation Doctrine]
National market for the goods [wheat, weapons, weed] and therefore this has substantial effect on IC.

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16
Q

Can congress regulate in state travel? Authority?

A

Shreevport RR case

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17
Q

How to maximize scope of congressional power?

A

NP + CC
1. McCulloch v. Maryland [1818]
2. U.S. v. Comstock [2010]

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18
Q

What quote is used for NP+CC argument?

A

Marshall, “Let the end be legitimate, let it be w/ scope of Const., by all app. means, plainly adapted to that end, not prohibited, but in spirit & lttr of Const., are Constitutional.”

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19
Q

DC Power authority?

A

Article 1 Sec 8 Cl 17.

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20
Q

Is the 10th amendment still read to prevent congress from regulating inside states? [Authority?]

A

No. U.S. v. Darby

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21
Q

What case in 2000 said that under prong 3 of CC authority, the in state activity has to be “economic?”

A

U.S. v. Morrison

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22
Q

Can congress compel engagement with commerce?

A

No. Sebelius

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23
Q

In _____ [1995] the Court held that Congress may regulate only three broad categories of activities.

A

U.S. v. Lopez

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24
Q

Under ____, in state activity must be economic in nature. [Women’s violence case] 2000

A

“economic” in nature.

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25
Q

U.S. v. Darby showed what? What test used?

A

Congress can regulate instate manufacturing that violates FLSA. Affectation doctrine used.

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26
Q

Along the same lines of Darby, what case showed congress can regulate in state manufacturing?

A

Jones & Laughlin Steel. Used “close & intimate” test.

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27
Q

What is really important about US v. Lopez in 1995?

A
  1. Channels
  2. Instrumentalities
  3. Affectation Doctrine
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28
Q

What case shows us that congress can in fact regulate in state travel?

A

Shreevport RR case

29
Q

What state showed us that congress can’t compel you to engage in commerce?

A

Sebelius

30
Q

If there is no money changing hands, what cases help you?

A
  1. Gonzalez v. Raich
  2. Wickard v. Filburn
31
Q

What case said that prohibition is in fact regulation?

A

Champion v. Ammes

32
Q

What case said that when something crosses state lines, congress can regulate that trafficking?

A

Champion v. Ammes

33
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 [1995]

34
Q

Chief Justice in Lopez that provided 3 sources of CC authority?

A

Rehnquist

35
Q

Though Congress’s powers are limited and enumerated, the Necessary and Proper Clause gives Congress the ability to enact any law that is _________related to the implementation of a constitutionally enumerated power.

A

Rationally related. [McCulloch v. Maryland]

36
Q

Art I Sec 8 opener?
1.
2.
3.
4.

A

The Congress shall have Power to:
1. Lay and collect Taxes, Duties
2. Imposts and Excises
3. Pay the Debts
4. Provide defense [+ welfare]

37
Q
  1. Lay & Collect taxes
  2. Imposts & excises
  3. Pay Debts
  4. Provide defense & welfare
A

Article I Section 8

38
Q

Abbreviation to remember Art I Sec 8?

A

“TEDD”

39
Q

Ratification requires?
1.
2.

A
  1. 2/3 legislators, both houses
  2. 38 states [3/4]
40
Q

How many amendments thus far?

A

27, 15 lasting.

41
Q

Preamble?

A

We the ppl, to form a more perfect union, establish justice, ensure domestic peace, provide defense, promote gen. welfare and blessing of liberty.

42
Q

______ Sovereignty: The ultimate source of authority because the ppl ratified the US Constitution.

A

Popular Sovereignty

43
Q

Article 1 Sec 8 opener? “TEDD”

A
  1. Lay and collect taxes
  2. Imposts and excises
  3. Collect debts
  4. Provide defense and general welfare
44
Q

Powers under article 1 sec 8 after opener?

A
  1. Post offices
  2. Regulate military
  3. Coin money
  4. Regulate piracy
    5 Create navy - Declare war
  5. Create courts inferior to SC
  6. Commerce power baby
45
Q

N&P is located where?

A

Art. I Sec 8 Cl 18

46
Q

Who has power to declare war?

A

Congress

47
Q

Congress has power to ____ military and President has power to ______.

A
  1. Congress = create
  2. POTUS = command
48
Q

Holding: “The United States Supreme Court has the authority to review laws and legislative acts to determine whether they comply with the United States Constitution.”

A

Marbury v. Madison [1803]

49
Q

Marbury sought a ___ ____ _____.

A

Writ of Mandimus. “We command”

50
Q

What problematic act present in Marbury v. Madison?

A

JA 1789

51
Q

What was the problem with the Judiciary Act of 1789?

A

Attempted to expand SC powers under Article III.

52
Q

Who did Marbury have grievance with?

A

SOS John Adams who refused to deliver the position.

53
Q

“State officials and state legislatures are bound by orders of the United States Supreme Court based on its interpretation of the United States Constitution.” The SC made this state comply with Brown v. Bd of Education.

A

Cooper v Aaron

54
Q

Can congress create a national bank?

A

Yes. McCulloch v. Maryland

55
Q

“Under the Necessary and Proper Clause, Congress has the authority to enact a law that allows civil commitment of mentally ill, sexually dangerous federal inmates beyond the end of the prisoners’ criminal sentences.”

A

US v. Comstock

56
Q

US v. Comstock says we need only a ____ link.

A

Rational

57
Q

US v Comstock (Thomas dissent) says we need ____ connection.

A

Direct

58
Q

“If a state and Congress pass conflicting laws regulating interstate commerce, the federal law governs pursuant to Congress’s constitutional grant of power to regulate interstate commerce.”

A

Gibbons v. Ogden

59
Q

Which over ruled case said congress couldn’t regulate in state sugar manufacturing?

A

EC Knight

60
Q

Where does FED have express police powers?

A

Clause 17 & Article 4 Sec 3 Cl 2

61
Q

Bad case Hammer v. Dagenhart said congress couldnt stop them from what?

A

Sending kids to child labor

62
Q

“Congress may regulate operations in all matters having a close and substantial relation to interstate traffic, to the efficiency of interstate service, and to the maintenance of conditions under which interstate commerce may be conducted upon fair terms.”

A

Shreveport Case

63
Q

CJ of Shreveport case?

A

Charles Evan Hughes

64
Q

“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

65
Q

The ____ and _____ test is a constitutional law test that determines whether state laws are valid by distinguishing between laws that directly affect interstate commerce and those that indirectly affect it: [OVERRULED by AFFECTATION DOCTRINE]

A

Direct effect: Laws that directly affect interstate commerce are invalid.

Indirect effect: Laws that indirectly affect interstate commerce are upheld

66
Q

What case obliterated Direct/Indirect test?

A

US v. Darby

67
Q

Vast majoirty of Fed criminal laws derived from what source?

A

Commerce Clause

68
Q
A

Charleston Law 2L (23 decks)

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