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17 Cards in this Set
- Front
- Back
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what does ct look at to determine if something substantially effects commerce?
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1. Is it commercial in nature
2. Does the congressional statue contain a jurisdictional element 3. did congress reasonably find that it substantially affects interstate commerce 4.Is the link too attenuated |
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What constitutional grounds were used in Loving v. Virginia
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1. due process- denial of the liberty to form marital relationships without due process of law.
2. Equal protection of the law. Even though VA argued that all races were effected the purpose was white supremecy |
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What is the due process argument?
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Argument that you have been denied a liberty without due process of the law.
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Where in the constitution is the commerce clause?
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Article 1 section 8 Clause 3
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What does the commerce clause language say?
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Congress shall have the power...to regulate commerce...among the several states
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Where is the necessary & proper clause located
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article 1 section 8 clause 18
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What does the Necessary & proper clause do
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Congress shall have the power...to make all laws which shall be necessary & proper... for carrying into execution all enumerated powers
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First case to interpret the commerce clause
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Gibbons v. Ogden
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What is commerce per Gibbons?
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It is intercourse between the states and includes traffic, buying selling, interchange of comodities, and navigation
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How does the ct in Gibbons describe "amoung the several states"?
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intermingled with other states does not stop at the border
even if it entirely within one state it could be among the several states if it affects other states |
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How does the gibbons ct describe the commerce power
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It is plenary, has no limits but the constitution
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What does gibbons suggest the appropriate level of judicial review is for commerce
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deferential
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Dormant commerce clause distinguished from Commerce clause
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dormant commerce clause deals with limits on STATE legislation that impacts interstate commerce
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In the period after 1895 what did the commerce cases focus on
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1. Manufacture v. commerce
2. stream of commerce 3. direct indirect 4. morals legislation |
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manufacture v. commerce cases
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knight (sugartrust)
carter coal |
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Direct v. indirect case
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Shreveport cases (intrastate RR had a direct effect on interstate commerce and could be regulated)
Sick chicken |
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after 1937 what concepts did the cts embrace which led to a deferential stance to congress
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1. substantial effects
2. cumulative effects 3.defrence to congressional fact finding |
