Flashcards in Ch 15 Class notes Deck (19)
Commerce clause gives Congress the ability to...
Control commerce between states and foreign countries
The federal government only has power designated by what?
Positive commerce clause
Federal government has exclusive authority to regulate
and anything that substantially affects commerce among
Dormant Commerce clause
States don't have power to regulate, burden or discriminate
Against interstate commerce
State police powers vs. burden on interstate commerce
State has right to pass laws in response to public health,
Safety, morals and general welfare
Investigation and enforcement
Administrative agency regulates work places in industries
For worker safety
Allows government and respondent to settle any time
during the adjudication process
Exhaustion of administrative remedies
Goes to court if administrative agency can't solve dispute
4 factors that cause judicial review
1 reviewable issue
3 exhaustion of administrative remedies
4 actual case or controversy
Agency terminates automatically at end of fixed term
Congressional review act
Congress can freeze a new regulation for 60 days and
Overrule it by joint resolution
Gun free school zones act passed by congress. Example
Student who carried gun on school grounds had charges dismissed because they were unconstitutional
A school ground is not interstate commerce
A state law required out of state beer distributors to attest that the prices charged in start are no higher than prices in bordering states. Issue: is this a violation of the commerce clause?
Yes violates interstate commerce clause
How many employees must a business have before federal law applies to it?
15 or more employees
In employment law which law prevails, federal or state?
Whichever law is more strict prevails