Chapters 1-4 Flashcards

Question

What are the rules regarding transportation in interstate commerce?

Answer 1

* in absence of federal regulation, a state may impose non-discriminatory restrictions with respect to the character of motor vehicles moving in interstate commerce as a safety measure and as means of securing economic use of highways (truck case re: weight + width to protect breaking of roads) * in deciding whether a state law places an unreasonable burden on interstate commerce, and hence, cannot be sustained, the courts must balance the nature and extent of the burden which would be imposed by the statue against the merits and purposes to be derived from the state regulation (train car limit case re: slack of trains was unconstitutional b/c too burdensome to limit car tracks w/o actual benefit when cost was $1 million a year)

Answer 2

NY state law prohibited sale of VA milk at a lower price than the NY state controlled price of in-state milk RULE: state law that discriminates against out-of-state competition will be struck down as economic protectionism and is unconstitutional, as will a state law that acts wholly beyond the borders of the state * law was struck down b/c of the idea of a national common market and b/c state power cannot reach outside its borders to prevent economic isolation

Answer 3

Washington enacted a use tax on property purchased elsewhere but which is used in the state. Washington granted credit for tax already paid in other state RULE: use tax was constitutional b/c it did not hamper w/ interstate commerce b/c (1) did not discriminate out of state competition (2) applied equally (3) imposed when property is at rest * motive is immaterial as long as valid purpose exists + is not discriminatory

Answer 4

Wisconsin passed law stating milk had to supplied within 25 miles of city + pasteurized within 5 miles of city; Dean Milk sued b/c was unable to sell milk b/c pasteurization plants were more than 5 miles away RULE: state may not discrimination against interstate commerce, even to protect healthy and safety of people is reasonable alt. exist which do not discriminate and are adequate to conserve legit local interests (least restrictive means test if discrimination)

Answer 5

The hoarding of NY milk for NY consumers and not allowing Mass. suppliers to buy milk was UNCONSTITUTIONAL because... * states are not individual economic units -> United States is the unit as a nation b/c individuality would create rivalries and discrimination between states which would surpress competition and deprive local markets

Answer 6

3-Prong test: (1) whether statute regulates evenhandedly w/ only "incidental effects on interstate commerce or discriminates against interstate commerce either on face or practically (2) whether statute serves legit local purpose (3) if it does, whether alt. means could promote local purpose w/o discriminating against interstate commerce * statute blocking transport of minnows out of state was unconstitutional b/c discriminatory in forbidding transport as it blocked flow of interstate commerce, did not serve local purpose b/c did not set # standard nor the way they were to be disposed

Answer 7

When they are a market participant (not a regulator) Ex: Reeves, Inc. v. Stake (cement plant case) -> state that marketed and sold cement could give preferential treatment (first in-state residents, then out-of-state) to their residents b/c the commerce clause does not apply to market participants * showing that the state had a competition advantage was not enough to persuade SC other way

Answer 8

Privileges and Immunities Clause (Article 4, Section 2) = citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states

Answer 9

(1) is the right/activity protected? - court determines whether ordinance burdens one of privileges/immunities protected by clause - privileges = livelihood, right to earn a livelihood, right to work/get a job (in private sector) (2) is there a substantial gov't interest in eradicating the "evil?" - substantial reason for discrimination? - substantial relationship to problem? - non-residents have peculiar source of evil which statute is aimed? - gov't has to prove discrimination is justified

Answer 10

No, under the privileges and immunities clause, states must prove that they favor residents of the state to prevent "evils" that will cause harm to the state and the residents * Hicklin v. Orbeck: state could not ban employment for out-of-state residents just b/c Alaska owned the oil

Answer 11

Yes, b/c it is not a fundamental right (hunting is only recreational)

Answer 12

When Camden passed city ordinance that required contractors to hire no less than 40% of their workforce from Camden, the court held it violated the privileges and immunities clause (not the commerce clause) b/c... * market participant doctrine does not affect the discrimination under P&I clause (only CC) * state laws that discriminate on the basis of residents, thus denying same privilege to pursue livelihood, is violation of P&I clause

Answer 13

Idea that higher authority of law (federal law, courts, branches) will displace the law of lower authority of law when the 2 authorities come into conflict AKA supremacy clause

Answer 14

SC ruled over the field of safety of nuclear facilities BUT state law could supplement the federal scheme to determine the damages b/c federal law does not provide remedies * safety is federalized = what Congress rules preempts anything else (but b/c federal law did provide tort remedies, up to the state to decide)

Answer 15

Field preemption = scheme of federal regulation is so complete that is is reasonable to conclude that Congress intended federal law to govern the entire field and provides NO room for states to regulate or supplement subject matter Conflict preemption = if state statute conflicts w/ federal statute, federal statute wins (ex: Gibbons v. Ogden)

Answer 16

Court ruled that the monopoly had no direct relation to commerce between state or within foreign nations and thus, does not fall in scope of commerce clause * court stated that manufacturing is not commerce and commerce only begins at transport *** OVERRULED ***

Answer 17

Congress may regulate operations in all matters having a close and substantial relation to interstate traffic, to the efficiency of interstate service, and to the maintenance of conditions under which interstate commerce may be conducted upon fair terms. * apply the "affects" test: when intrastate commerce affects interstate commerce, Congress is allowed to regulate intrastate commerce along with interstate commerce, in an effort to protect interstate commerce b/c Congress can do all that is necessary and proper to carry out this protection.

Answer 18

Although person transported lotto tickets arguing that they were not commerce b/c no real value and thus Congress could not prohibit, this was not true RULE: Congress's power under the commerce clause allows them to PROHIBIT certain activities that are deemed harm to the welfare of people

Answer 19

Congress could not prohibit interstate transport of goods produced by co. who violate child labor laws b/c Congress cannot regulate manufacturing Argued Congress could not begin to overlook manufacturing b/c it would create slippery slope of regulations *** OVERRULED ***

Answer 20

Doctrine allows Congress to give administrative agency powers, BUT does not allow it to delegate all of its making powers to it

Answer 21

Congress can pass federal statutes that regulate labor law which overlook unions, collective bargaining powers and forbid unfair business practices ** OVERRULES E.C. Knight ** Common Law: Congress has the power of regulation over manufacturing and production Applied rational direct relationship test: if activity rational, direct relationship to commerce then CC authorizes Congress to regulate it

Answer 22

*** OVERRULES HAMMERS *** (Darby was underpaying staff members pursuant to FLSA and manufacturing goods to be sold in interstate commerce) If manufacturing is in the stream of commerce, Congress can regulate it ---> Congress can prohibit shipment in interstate commerce of goods manufactured by workers paid less than federal minimum wage or employed for more than max # of hours (b/c Congress can determine that the activity is injurious to public welfare)

Answer 23

Wheat farmer harvested more wheat than permitted through regulation and planned to use excess at home RULE: Congress could regulate at home use b/c farmer was not using wheat from market and this affected interstate commerce --> Congress has power to regulate goods that are produced locally and not intended for interstate markets when goods, in the aggregate, would affect interstate commerce

Answer 24

- must be in pursuit of general welfare - if Congress desires to condition state's receipt of funds it must do so unambiguously - conditions of federal grants may be illegitimate if they are unrelated to federal interest in particular national projects and programs - 21st amendment is not an independent constitutional bar - power may not be used to induce states to engage in activities that would be themselves unconstitutional - financial inducement offered by Congress might be so coercive as to pass the point at which pressure turns into compulsion

Answer 25

Under the Social Security Act’s unemployment compensation program, employers are required to pay a federal tax, but receive a 90% credit on the tax if they contribute to a state unemployment compensation fund that meets federal requirements. RULE: taxing is express power not reserved to state; tax can serve as an INDUCEMENT, and not a penalty (can not be coerced to agreement) --> if the tax law is laid uniformly and doesn't interfere w/ state rights, it will be upheld * tax cannot go against 10th amendment rights of states

Answer 26

Title II of the CRA forbids racial discrimination by places of public accommodation such as hotels and restaurants. Heart of Atlanta Motel, Inc. advertises to and hosts primarily out-of-state guests. The motel practices a policy of refusing to rent rooms to African Americans RULE: Congress has power to enact regulations to prevent racially discriminatory policies b/c Congress can regulate intrastate activities that affect interstate activities (people are commerce) * applies AFFECT test

Answer 27

Congress may regulate the discriminatory policies of restaurants through Title II of the CRA if those policies have a substantial effect on interstate commerce. Although an activity is local and may not be regarded as commerce it may still be reached by Congress if it exerts a substantial economic effect on interstate commerce (most customers were African American and if they discriminated against, they would decrease need for food supply which impacted commerce clause) --> Wickard aggregation effect

Answer 28

The possession of guns (near a school) cannot be prohibited by enactment of a law b/c the it is not an economic activity that can be regulated under the Commerce Clause (same scenario in the VT sexual assault case)

Answer 29

The individual mandate contained in the Patient Protection and Affordable Care Act of 2010 is a valid use of Congress’s power to tax BECAUSE does not regulate existing commercial activity, but compels individuals to become active in market The Medicaid expansion provision of the Patient Protection and Affordable Care Act of 2010 is an unconstitutional use of Congress’s spending powers. BECAUSE oversteps coercion instead of encouragement

Answer 30

- federal statute regulates "states as states" - statute must "address matter that are indisputably attributes of state sovereignty" - state compliance w/ federal obligation must directly impair states' ability to structure integral operations in areas of traditional gov't functions - relation of state and fed. interests must not be such that nature of fed. interest justifies state submission

Answer 31

Congress has the power to regulate wages/hours of state employees under the commerce clause and does not go against the 10th amendment because states elect their representatives so state still have the power

Answer 32

Congress adopted 3 programs to help states dispose of their waste: (1) monetary incentives for state to open their own waste sites (2) access incentive to allow states w/o sites to be denied access to other states' sites (3) take-tile provision which required state to take title to waste and pay damages to generator for harm caused by state's failure to take title (1)+(2) are constitutional (3) is UNconstitutional --> under 10th amendment, Congress did not have the right to tell states what laws to pass (can incentivize but not compel)

Answer 33

Congress enacted the Brady Act, which was a federal gun-control provision that required the United States attorney general to implement a nationwide handgun background check system. Under the Brady Act, Chief Law Enforcement Officers would have to conduct background checks and confirm the lawfulness of gun sales. Printz and Mack (Ps) were CLEOs in Montana and Arizona, respectively. RULE: Congress cannot force state employees to participate in administration of federal programs b/c it commandeers the traditional state policy making functions

Chapters 1-4 Flashcards

(57 cards)