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3 Cards in this Set

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US v. Butler (1936) pre J&L and WIckard)

1. Holdings:a. Spending is a separate & distinct enumeratedpower (rejecting Madison’s view that spending can only further other enumeratedpower).b. Limits: i. For the general welfare ii. Reserved rights of the states (dual federalism)e='fontlPB<

South Dakota v. Dole (1987) p. 204]lPf;I

1. Facts: a. The feds started withholding 5% of federalhighway funds from states that did not uniformly adopt a drinking age of 21.South Dakota, which had a younger drinking age, sued.2. Issue: Is withholding of 5% of federal fundscoercive (and thus not an allowed federal power under the spending clause) ormerely persuasive/motivational (which is allowed).3. Holding: It is not coercive. 4. 4 part test for permissible exercise of thespending power:1. Congress has a purpose to serve the generalwelfare (raise revenue)2. Congress has made a clear statement of thefunding condition3. Federal grants are related (not “unrelated”) tothe spending program4. There are no other constitutional provisionsacting as an independent bar to the conditional grant of federal funds5. (5th? Sort of? Created by Dole) The federalfunding condition must not be so coercive as to practically amount tocommandeering. 5. Class notes (2/17/15).a. Congress can use taxing and spending power tocreate incentives to states’ behavior.b. Can Congress use those powers to influencebehavior that is otherwise outside of Congress’ power? i. See 4, above. You cannot if it is otherwiseBARRED by a constitutional provision.c. Daggenhart Review: Congress’ 10% tax on netprofits of child employers is a penalty beyond ISC power. 0Aol%@lP{

National Federation of Independent Business v. Sebelius(2012) p. 157

1. All discussion of the “individual mandate” whichis the component of the ACA (Affordable Care Act) that forces individuals tobuy insurance whether they want it or not. This provisions is necessary,otherwise people will simply get insurance when they are sick, which woulddrive up insurance premiums, causing significant problems (adverse possession, leading to “death spiral”). 2. Reasoning: The individual mandate does notregulate existing commercial activity. It forces individuals to become activein commerce. a. Regulate DOES NOT EQUAL bring intoexistence.3. Allowing this as a power under the commerceclause, and the feds would have power over everything. 4. GOV ARG: Sickness and injury areunpredictable but unavoidable, making this a different type of market than the“everything” referred to above. a. Everyone will need medical care at somepoint in their life. Likely when born/dying at a bare minimum. b. You can and likely will be forced intotreatment even if you don’t want it.c. COUNTER: We are frequently in the marketfor health care, but not necessarily health insurance. WRONG MARKET. p. 101Gov arg: the individual mandate is necessary to allow thefeds to regulate other aspects of the health care system which ARE within thefeds’ authority to regulate. Sup. Ct. Holding: The individual mandate is not covered byCongress’ “necessary and proper” commerce powers. Delved deep into thedefinition of “proper” – said this was improper, because it allowed Congress tocreate Necessary Predicates to the exercise of its enumerated powers. p. 193 – PASSING of ACA under Taxing PowerGov Arg: The individual mandate does not actually FORCEpeople to engage in commerce – it simply taxes them if they do not purchasehealth insurance.Drexel Furniture (3 characteristics of a “penalty” disguisedas a tax:1. Exceedingly heavy burden.2. Imposed the burden on only those who knowinglyviolated gov rule (punitive).3. Enforced by Department of Labor (punishingagency, not tax collecting agency).Difference here:1. Not a heavy burden.2. No “knowingly” (scienter) requirement.3. Collected by IRS.Medicaid – Spending Clause – Anti-commandeering1. Medicaid provision uses so much force to expandMedicaid that it is effectively commandeering.2. Takes ALL their Medicaid funding if they aren’twilling to accept additional funding for additional services. 3. HUGE percentage of their budget.Statutory Canons of Interpretations:1. Presumption of Constitutionality: interpretmandate as tax to save statute from unconstitutionality.2. Constitutional Avoidance: should avoid aconstitutional question when possible. 3. Severability: after cutting off the Medicaidprovision, should the S. Ct. rewrite the statute, or send it back to Congressto have them rewrite. a. Preserve the legislative act as far as possibleif intent uncertain? ORb. All or nothing?LIBERTY v. POLICE POWER1. Can state police power compel healthy eating toreduce insurance costs?a. Sort of? States COULD? We are all in aninterconnected market and externalize our expenses on others.