Pg 9 Flashcards
What are some of the things that Congress can prohibit transportation in interstate commerce for?
- noxious articles
- lottery case
- stolen items
- kidnapped people
- liquor
- convict-made goods
Does the motive of Congress in passing regulations regarding interstate commerce matter?
No, it is not relevant. Congress can use its commerce clause power for non-commercial reasons if there is a rational basis to find a sufficient relationship between the regulation and commerce
Can congress delegate rule making and administrative functions to the executive branch or agencies it establishes?
Yes. Congress can share legislative power with the executive branch by delegating parts of it to executive agencies. But Congress must give the delegated entity sufficient guidance on how to exercise its new power.
Ie: Congress can pass an act that all energy consumers must reduce consumption by a percent selected by the president, if they gave the president specific standards that he had to apply to choose that percentage
What are the requirements to invalidate a congressional commerce power legislation?
– the federal statute must regulate the states as states
– the federal legislation must regulate things that are indisputably attributes of state sovereignty
– the impact of compliance with federal regulation must directly impair the state’s ability to structure integral operations in areas of traditional functions
What are the commerce clause tests?
These are three different ways that an item, person, or activity can come under the commerce clause power.
When is it OK for Congress to impose commerce clause regulations on states?
If the regulations are generally applicable laws [like minimum wage for all employees in interstate commerce], but they cannot impose special rules on states [like having to pay governors minimum-wage or forcing them to enact interstate regulations on commerce directly]. Congress has the broad power to directly regulate private sector activities that have an effect on interstate commerce
What are the three commerce clause tests?
– As long as the law doesn’t go against SPECIFIC CONSTITUTIONAL GUARANTEES, Congress can set regulations, conditions, or prohibitions about interstate travel and shipments. Congress can regulate what crosses state lines even if it isn’t commercial.
– Government can regulate ANY COMMERCIAL ACTIVITY which includes single-state activities if they have a close and substantial relationship to or effect on commerce. This can be based on the economic relationships or economic impact. This is for generic type activities have a cumulative effect on commerce
– Congress can regulate SINGLE-STATE ACTIVITIES that don’t affect commerce if the regulation is necessary and proper to regulating commerce or effectuating regulations relating to commerce
What are areas that the Supreme Court has given increased deference to the legislature for?
– Civil rights legislation
– federal criminal laws
– federal government can’t regulate the state’s regulation of interstate commerce
How has the Supreme Court given increased deference to the legislature with regard to civil rights legislation?
The civil rights act put penalties on anyone depriving another of the equal enjoyment of places of public accommodation based on race, color, religion, or national origin.
What are some examples of things that can be regulated by the legislature because of the civil rights acts?
Hotels, restaurants, entertainment centers, retail places that use goods that have moved in interstate commerce or affected commerce, etc.
If a restaurant refuses to serve blacks, how does that fall under the purview of the civil rights act to allow the legislature to legislate against that?
If restaurants refuse to serve blacks, it makes it hard for blacks to travel from state to state, so the commerce clause legislation is upheld if there’s any arguable connection between the regulation and commerce that touches more states than one. Congress’ motive doesn’t have to be commercial because the Commerce cause is plenary
What is the question to ask to determine if the commerce clause has been properly applied in cases of civil rights legislation?
- Whether Congress had a RATIONAL BASIS to find that the racial discrimination that was occurring in that setting affected commerce? 2. and if so, were the MEANS that Congress chose to eliminate it REASONABLE and APPROPRIATE?
If the place serves interstate people or uses a substantial portion of interstate goods, it falls under the commerce clause
In what ways does the supreme court give increased deference to the legislature with regard to federal criminal laws?
Congress can use the commerce clause to establish jurisdiction for federal criminal laws. The activity must:
- relate to interstate transactions
- have an effect on interstate commerce, or
- be an activity that is necessary and proper to regulate in order to effectuate the commerce clause power
What are some examples of the commerce clause giving Congress increased deference to legislate with regard to federal criminal laws?
- the Mann Act: outlaws the transport of women for immoral purposes
– the Dryer Act: punishes interstate transport of stolen vehicles
– the Lindburg law: punishes kidnappings related to interstate transport or commerce
– the Perez case: D was found guilty of loansharking under the CC even though everything happened in New York because it was rational to conclude that intrastate loansharking effects interstate commerce by the financial organized crime operating in several states.
What does it mean that the federal government cannot regulate the state’s regulation of interstate commerce?
This means that the federal government cannot make the state or local governments create legislation to enforce federal rules
