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.
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.
When does “capable of repetition yet evading review” apply?
only in situations where litigation is unlikely to be completed because of the short-term nature of an issue.
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.
