Final- Concepts

Question 1

Federalism

Answer 1

Shared power between the national and state governments

Question 2

Federal Power v State Power

Question 3

Dual Federalism v Cooperative Federalism

Answer 3

Dual federalism- favors state government; the constitution is in agreement between the states and federal government
Cooperative federalism- favors national government; the people, not the states, empower the federal government

Question 4

Principle of Equal Sovereignty

Question 5

Anti Commandeering Principle

Answer 5

Federal government cannot command the states to take affirmative action

Question 6

Anti Commandeering Doctrine

Answer 6

Prohibits only federal laws that compel states to enact or administer federal policy.

Question 7

Pre- Emption

Answer 7

Given to congressional enacted laws; the idea that federal law trumps lower/ state laws when the two laws conflict with each other.

Question 8

Intra v Interstate Commerce

Answer 8

Intra- Cannot be federally regulated; any trade, traffic, or transportation within a state.
Inter- Commerce across state lines

Question 9

Direct v Indirect Effects Test

Answer 9

Intrastate activities found to have an INDIRECT effect on interstate commerce (state regulation) while intrastate activities found to have a DIRECT effect on interstate commerce (federal regulation)

Question 10

Federal Police Power

Question 11

Substantial Effects Test

Answer 11

Under the commerce clause, if congress has a rational basis for finding that some economic activity in the aggregate substantially affects interstate commerce.

Question 12

Aggregation Principle

Answer 12

Examines and activity’s aggregate effect- even if an individual’s effect on interstate commerce is trivial, the activity as a group has a substantial effect on interstate commerce.

Question 13

3 categories of problems under the commerce clause

Answer 13

1. The use of channels of interstate or foreign commerce that Congress deems are being misused, e.g., shipment of stolen goods, kidnapped persons
2. Protection of the instrumentalities of interstate commerce (destruction of aircraft, destruction of persons or things in commerce- thefts from interstate shipments.
3. Those activities affecting commerce

Question 14

Limits on Congress’s commerce regulation in the Republican era

Answer 14

The regulation of commerce must be on an economic activity.

Question 15

Regulation under commerce v Regulation under taxes

Answer 15

under commerce- the federal government can use its complete authority to enforce regulations (command individuals and subject them to criminal sanctions.

under tax power- the federal government only requires individuals to pay money to the federal treasury; no more.

Question 16

Tax v Penalty

Answer 16

Tax- look to generate revenue

Penalty- looks to regulate activity

Question 17

Saving Construction

Answer 17

IF a law has two possible meanings, courts should adopt the legal justification that does not violate the Constitution; to save the constitutionality of a piece of legislation.

Question 18

Madisonian View of Spending v Hamiltonian View of Spending

Answer 18

Madisonian View- the grant of power to tax and spend for the general welfare must be confined to the enumerated legislative fields committed to congress

Hamiltonian View- clause confers a power to separate and distinct from those enumerated, as long as it provides for the general welfare; approach court has always accepted.