Federalism & Dormant Commerce Clause

Question 1

privileges and immunities clause

Answer 1

each state must grant to the citizens of every other state the same treatment that the state gives to its own citizens with regard to those matters that are privileges and immunities

Question 1

Dormant Commerce Clause

Answer 1

the existence of the commerce clause imposes certain restraints on what states can regulate and how they can regulate it

Question 2

full faith and credit clause

Answer 2

a state must give effect to the public acts, records, and judicial proceedings of another state

Question 3

Pike balancing test

Answer 3

regulation is valid if:
(1) the effects on commerce are incidental and
(2) the burden on commerce is not clearly excessive in relation to the putative local benefits

Question 4

facially discriminatory

Answer 4

the language of the statute on its face treats out of state interests differently than in state interests because of their out of state character

Question 5

affirmative commerce clause rules

Answer 5

(1) congress can regulate the use of channels of interstate commerce
(2) congress can regulate and protect the instrumentalities of interstate commerce
(3) congress can regulate those economic activities that substantially affect interstate commerce

Question 6

affirmative commerce clause limitations

Answer 6

(1) can’t regulate manufacturing or production
(2) can’t regulate items before they enter the stream or after they enter the stream
(3) can’t regulate traditional government functions
(4) can’t compel individuals to engage in the commercial activities that Congress uses as the basis for regulation

Question 7

self executing treaty

Answer 7

a treaty that upon ratification by the senate will have immediate domestic effect (will change the laws of the US)

Question 8

non-self executing treaty

Answer 8

a treaty that will have no effect on US law unless Congress passes legislation that changes US law to be in accord with the treaty

Question 9

limitations to conditional spending

Answer 9

(1) the exercise of spending power must be in pursuit of general welfare
(2) conditional grant of federal funds must be done unambiguously (states need to be aware of conditions and consequences)
(3) conditions must be related to the federal interest in spending (national projects, programs, concerns)
(4) spending cannot have an independent constitutional bar (can’t ask the states to do anything that’s unconstitutional)
(5) the condition can’t be coercive (states must have a choice)

Question 10

tax

Answer 10

• for it to be constitutional if outside commerce power scope it must not be a penalty
• once you decide it’s a tax, you have to determine whether it’s direct or indirect
• congress can tax omissions/inactivity

Question 11

penalty

Answer 11

punishment for an unlawful act or omission

Question 12

factor test for penalty

Answer 12

(1) it is a heavy financial burden
(2) the payment is triggered by scienter
(3) the payment is enforced by a regulatory department
(4) the payment arises because of unlawful act

Question 13

constitutional limitations to taxation power

Answer 13

(1) it must always be for the general welfare
(2) if the tax is direct, it must be apportioned among the states
(3) if the tax is indirect it must be uniform throughout the states
(4) if it’s an income tax it does not have to be apportioned but it does have to be uniform