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13 Cards in this Set
- Front
- Back
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Three things that fall under the commerce power
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Channels
Instrumentalities Substantial Effects |
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Rules for economic activity under the substantial effects test
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Aggregation
Rational Basis |
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Requirements for non-economic activities to be constitutional under substantial effects
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Area traditionally reserved to the states?
Jurisdictional Hook? Larger regulatory scheme? Aggregation not allowed. Congressional findings helpful, not required. |
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Facts in US v Lopez?
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Constitutionality of Gun-Free School Zones Act questioned.
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Facts in US v. Morrison?
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Constitutionality of violence Against Women Act questioned. This statute provides a federal cause of action for gender motivated crimes.
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First phase of commerce clause jurisprudence
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x
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Second phase of commerce clause jurisprudence
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Formalism
[ insert qualities here] |
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Third phase of commerce clause jurisprudence
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Anything goes
[ insert qualities ] |
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Modern phase of commerce clause jurisprudence
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Commerce power doesn't extend to non-economic activity.
other stuff? |
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10th amendment is "but a truism that all is retained which has not been surrendered"
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US v. Darby
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Holding in Garcia v. San Antonio Transit Authority?
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Overrules Usery. 10th not a limit, political structure is the limit.
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Holding in New York v. US?
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Feds can't commandeer state legislatures.
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Holding in Printz v. US?
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Feds can't comandeer state executive power.
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