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Flashcards in Ch 15 Class notes Deck (19)
0

Commerce clause gives Congress the ability to...

Control commerce between states and foreign countries

1

The federal government only has power designated by what?

The Constitution

2

Positive commerce clause

Federal government has exclusive authority to regulate
Commerce

and anything that substantially affects commerce among
Several states

3

Dormant Commerce clause

States don't have power to regulate, burden or discriminate
Against interstate commerce

4

State police powers vs. burden on interstate commerce

State has right to pass laws in response to public health,
Safety, morals and general welfare

5

Rule making

Legislative

6

Investigation and enforcement

Executive

7

Adjudication

Judicial

8

OSHA

Administrative agency regulates work places in industries
For worker safety

Bureaucratic organization

9

Consent decree

Allows government and respondent to settle any time
during the adjudication process

10

Exhaustion of administrative remedies

Goes to court if administrative agency can't solve dispute

11

4 factors that cause judicial review

1 reviewable issue
2 standing
3 exhaustion of administrative remedies
4 actual case or controversy

12

Sunset laws

Agency terminates automatically at end of fixed term

13

Congressional review act

Congress can freeze a new regulation for 60 days and
Overrule it by joint resolution

14

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

15

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

16

How many employees must a business have before federal law applies to it?

15 or more employees

17

In employment law which law prevails, federal or state?

Whichever law is more strict prevails

18

How do you look up how a state or local law applies?

Go to regulators' websites