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8 Cards in this Set
- Front
- Back
Supremacy clause
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Congress' intent to occupy an entire field: PUSH
- pervasiveness - uniformity - similarity - history |
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Welfare clause
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allows Congress to regulate welfare via tax and spend
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Contracts clause
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- prerequisite for protection is K in existence before statute passed
- When Congress can impair K: 1) serve an important and legitimate public interest 2) necessary to achieve the public interest 3) impairment is reasonable |
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Major powers of Congress
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CREATES DICE
- civil rights - elections (congressional) - admiralty - taxation - eminent domain - spending/taxing for general welfare - defense - interstate commerce - citizenship - external (foreign) affairs |
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Interstate commerce
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Congress cannot unduly burden:
1) whether burden on interstate commerce is outweighed by legitimate state interest 2) not-discriminatory |
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Fighting words
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words likely to incite physical retaliation in an ordinary person.
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Clear and present danger test
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Govt can prohibit advocacy of illegal conduct if it meets the clear and present danger test:
1) advocacy is intended to product or incite imminent illegal action AND 2) advocacy is likely to produce or incite such action |
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Restriction on public speech
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1) content neutral--on its face and as applied
2) significant govt interest 3) allow for adequate channels of communication |