Separation of Powers Flashcards

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Regulation of Foreign Commerce

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The power to regulate foreign commerce lies exclusively with Congress. Therefore, a state that adopts legislation requiring private vendors to favor United States products over foreign products may be acting outside the scope of its power.

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Q

Congress’ Power to Tax And Spend - Regulating State Activities

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Congress may regulate states through the spending power by imposing conditions on the grant of money to state or local governments. Those regulations subject to the spending program conditions must be (i) clearly state; (ii) related to the purpose of the program; and (iii) must not be unduly coercive.

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