State pOWER

Question 1

State power from

Answer 1

10th amendment, is residual power

Question 2

Congresss has

Answer 2

plenary power

Question 3

Enumerated powers is…_ than 10th amendment

Answer 3

>

Question 4

Dormant commerce clause

Answer 4

states can have it until congress needs it.

Question 5

Limits on commerce clause

Answer 5

Has to be economic in nature

Question 6

10th amendment isnt…

Answer 6

an impediment to enumerated powers

Question 7

States only have power to regulate commerce

Answer 7

when congressional inaction leaves a void (DCC)

Question 8

Fed’s cant.. (regulation)

Answer 8

force states to regulate if its in the power of congress.

Question 9

Feds can (regulation)

Answer 9

incentivize states (highway funds for drinking age)

Question 10

Using DCC states can

Answer 10

fill vacancies in regulation if they don’t discriminate agaisnt ICC

Question 11

Levels of scrutiny for ICC

Answer 11

Rational basis
pikes
strict scrutiny

Question 12

Pikes balancing test

Answer 12

weights burdens and benefits, whichever is greater wins.

Question 13

triggering test: facial discrim

Answer 13

strict scruntiny

Question 14

triggerstest: econ protectionism

Answer 14

strict scrutiny

Question 15

triggers: facially neutral

Answer 15

pikes

Question 16

triggers: shutting door to commerce gets you

Answer 16

strict scrutiny

Question 17

taking taxes and giving only to in state producers

Answer 17

facially discriminatory

Question 18

state police power

Answer 18

health safety welfare

Question 19

strict scrutiny test

Answer 19

3 part.

1. compelling state interest?
2. narrowly tailored?
3. no less restrictive means (2 and 3) is where the $ is