Wrong Answer Rules Flashcards
To be within Congress’s power under the Commerce Clause, a federal law must either:
- regulate the channels of interstate commerce;
- regulate the instrumentalities of interstate commerce; or
- regulate activities that have a substantial effect on interstate commerce.
The “substantial effects” test requires:
- that the regulated activity is “economic” in nature; and
- the regulated activity (when taken cumulatively throughout the nation) has a substantial effect on interstate commerce.
True or false: A small, localized business may have a substantial effect on Interstate commerce
true.
True or False: Congress does not have the power to regulate maritime activities, only waterways of interstate commerce.
True.
True or False: If a statute enacted by Congress does not affect interstate commerce, it may be invalidated as an impermissible intrusion on local affairs.
True.
Does the Constitution grant President power to regulate interstate Commerce?
No. It grants Congress, NOT the President
Why doesn’t the President have the authority to impose economic regulations?
The President does not possess any legislative powers to do so. The President may act only if there is explicit authorization in the Constitution or in a federal statute.
Do states have the constitutional power to tax instruments of interstate commerce?
No. only congress may regulate interstate commerce.
State taxation of interstate commerce is permissible as long as the tax
does not discriminate against or unduly burden interstate commerce.
when is a license tax valid?
license is valid as nondiscriminatory and not unreasonably burdensome only as long as the tax is fairly apportioned with an equal application to local salespeople.
True or False: The Constitution gives Congress the power to exercise exclusive legislation over the District of Columbia and to govern places where the government has purchased and erected forts, arsenals, dockyards, and other needful buildings.
True.
True or False: a referendum, which is a means for direct political participation by the people, allowing them what amounts to a veto power over legislative enactments, cannot be characterized as a delegation of power.
True.
True or False: a commission that has the authority to adopt and enforce regulations are considered officers of the United States.
True.
Therefore, pursuant to the Appointments Clause, they must be appointed by the President with the advice and consent of the Senate.
True or False: Congress lacks the constitutional power to add to the Supreme Court’s original jurisdiction. This is FIXED.
True.
For the purposes of the Taking Clause of the Fifth Amendment, “Just Compensation” is determined by:
the fair market value of the land.
Facially discriminatory law against commerce from outside an city are allowed ONLY:
in the absence of any nondiscriminatory means to promote the government’s interest.
A case will not be dismissed for mootness if the injury is “capable of repetition yet evading review.”
When does this apply?
only in situations where litigation is unlikely to be completed because of the short-term nature of an issue.
*Look for if a policy has been discontinued or not(if not, it will not be dismissed)
When is a case NOT Ripe?
Ripeness bars consideration of claims BEFORE they have fully developed.
courts cannot review or grant a declaratory judgment of:
i.) a state law BEFORE it is enforced; OR
ii.) where there is NO threat the statute will EVER be enforced.
Relies on uncertain or contingent future events that may not occur as anticipated.
What is the exception of when a case is Ripe?
If the plaintiff can show a specific or present harm or a threat of specific future and imminent harm before the law is enforced
when the future events have an immediate impact, even if they rely on uncertain or contingent future events,
if a controversy or matter has already been resolved, then the case will be dismissed as ______
MOOT.
an Advisory opinion would be a response to a ________
hypothetical question.
The proper standard of review of a durational residency requirement is
strict judicial scrutiny because it burdens the fundamental right to travel
When is the Privileges or Immunities Clause of the Fourteenth Amendment mostly used?
When an in-state citizen is discriminated against on the basis of the citizen having only resided in the state for a limited time (i.e., a durational residency requirement.
This involves the right to travel and elect to become a permanent resident.
Government officials are prohibited from penalizing employees and contractors because of their political beliefs or associations UNLESS:
political beliefs or affiliations are relevant to job performance.