Federal legislative powers Flashcards

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1
Q

Commerce power: Congress may regulate (3 things)

A

1) channels of interstate commerce (routes that commerce travels thru: highways, airwaves)
2) persons and instrumentalities in interstate commerce (cars, radio and tv stations)
3) activities that have a substantial effect on interstate commerce (labor strikes in multistate industries)

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2
Q

Commerce power: Congress CAN’T compel persons to..

A

engage unwillingly in interstate commercial activity

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3
Q

Commerce power: Local (not interstate) activity: determine whether it is commonly understood as…

A

economic or commercial in character

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4
Q

Commerce power: if local (not interstate) activity is commonly understood as economic or commercial in nature, regulation is likely constitutional given…

A

cumulative effect analysis (cum effect of all such economic activities as a class have substantial effect)

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