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6 Cards in this Set
- Front
- Back
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COMMERCE POWER |
Congress has broad power to regulate commerce with foreign nations and among the several states |
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COMMERCE POWER - INTERSTATE REGULATION |
Congress has plenary power over 1. Channels of interstate commerce 2. Instruments of interstate commerce 3. that which substantially affects interstate commerce |
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INTRASTATE REGULATION - COMMERCIAL |
SUBSTANTIAL EFFECTS TEST - is it rational for congress to believe the regulated activity could have a substantial effect on interstate commerce? If yes, presumed constitutional as long as there is a rational basis for the regulation |
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LIMITATIONS ON INTRASTATE REGULATIONS |
1. COMMANDEERING - congress may not commandeer the legislative processes of the state. Cannot compel the state to legislate in a proscribed manner 2. UNKNOWN LIABILITIES - Congress may not order states to assume unknown liabilities |
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INTRASTATE REGULATION - NON-COMMERCIAL |
Congress will lack authority under the interstate commerce clause unless it has an articulated rational basis to believe the regulated activity has a substantial effect on interstate commerce. Requires: 1. Articulated rational basis 2. Substantial economic effect 3. Causal chain not too attenuated |
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10TH AMENDMENT |
Limits commerce power (Modern) 10th Amendment cannot be used by the states to limit congressional laws that are equally applicable to private citizens and states (historical) 10th Amendment was used to try to limit the commerce power |
