State Power to Regulate Flashcards
What is the Dormant commerce clause?
congress possesses regulatory power but has not exercised it
When will SCOTUS invalidate state statutes affecting interstate commerce by invoking the dormant commerce clause?
when the legislation is incompatible with national interests
Under what two circumstances must a state law yield to a congressional act?
when congress intends federal law to occupy the field, all state law in that area is preempted; AND state law is naturally preempted to the extent of any conflict with a federal statute exists
when is preemption found?
where it is impossible for a private party to comply with both state and federal law, and where under the circumstances of a particular case, the challenged state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of congress
when is POTUS’s power strongest?
when he acts with implied or express authority from congress. (must be acting in concert and trying to achieve the same thing)
What is the twilight zone of presidential power?
where congress is silent on the act, his action is upheld so long as he is not usurping powers of another branch
what is the lower ebb of presidential power?
if he is acting against the express will of congress and the constitution, his acts are likely invalid
How to tell if a tax is a penalty?
- the amount of the tax
- the consequences of failure to pay
- intent/knowledge requirements
- identity of the administering authority
- detail of scheme or administration
