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15 Cards in this Set
- Front
- Back
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Where do you find the commerce clause? |
Article 1, Section 8, Clause 3 |
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What does the commerce clause do/say? |
-Congress has the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. |
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What is the 10th Amendment? |
The powers not delegated to federal gov't are reserved for the states |
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How do the courts use the 10th Am.? |
As a basis for the protection of state gov't from federal encroachment |
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1990s-present: how is commerce power defined? |
Narrowly
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What does "among the states" mean? |
What commerce Congress may regulate |
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(1) - Congress may regulate |
Channels of interstate commerce - highways, waterways internet |
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(2) - Congress may regulate |
Things that facilitate commerce - trucks, planes, telephones, persons/things |
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(3) - Congress may regulate |
Those activities that have a substantial effect on interstate commerce. |
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After saying what Congress may regulate, what do you do? |
Substantial effects test. |
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Substantial effects test |
1. Is Congress regulating economic activity? If so, 2. Is there a substantial effect based on the cumulative effect across the country? |
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10th am. does not protects states from... |
non-discriminatory, general legislation regulating their behavior.
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Congress may regulate (non-economic) |
Intrastate noneconomic activities that individually affect interstate commerce. |
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Example of a non-economic |
Health care - didn't work under CC |
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1990s-present: How is the 10th Am. used? |
Broadly. |
