Commerce Clause (1)

Question 1

What article is Commerce Clause?

Answer 1

Article 1, 8

Question 2

Wording of Commerce Clause

Answer 2

Congress shall have the power.. to regulate Commerce with foreign Nations, and among the several States and with the Indian tribes.. To make all Laws which shall be necessary and proper for carrying into execution

Question 3

The need for regulation of interstate commerce was chief __

Answer 3

impetus for the Consti, need to prevent discriminatory state laws in commerce

Question 4

Hamburger thinks the CC is like a ____

Answer 4

balloon that is now ready to burst

Question 5

Hamburger thinks the Framers were not worried about discrimination by ___ but were worried about ___

Answer 5

states against other states, fed discrimination against states

Question 6

Gibbons facts

Answer 6

NY law granted monopoly to steamboat navigation in its waters but Congress had licensed vessels for coastal trading

Question 7

Gibbons holding (1)

Answer 7

Commerce power includes navigation + it is complete and may be exercised to its utmost extent with no limitations other than those prescribed in the Consti

Question 8

Wilson facts

Answer 8

Delaware statute authorized dam across a navigable waterway

Question 9

Wilson holding

Answer 9

States broad powers to regulate commerce but if Congress chose to act state regulation would have to give way (DL statute upheld)

Question 10

What were the Marshall court cases?

Answer 10

McCulloch, Gibbons, Willson (expansive)

Question 11

New York v. Miln facts

Answer 11

NY required any ship arriving in NY harbor from out of state to provide written report containing names of all passengers (meant to deter criminals)

Question 12

NY v. Miln holding and status

Answer 12

Upheld statute, somewhat restrictive

Question 13

Cooley facts

Answer 13

PA statute required any ship arriving in or leaving Philly to employ a local pilot

Question 14

Cooley holding

Answer 14

Upheld statute –> state had police power and Congress had endorsed state regulation of pilots

Question 15

Taney Court cases and status

Answer 15

NY v. Miln, Cooley (somewhat restrictive)

Question 16

Curtis dicta in Cooley

Answer 16

commerce not a single thing but some subjects of commerce demand single uniform rule whereas others (like this one) deamnd diversity to meet local necessities of navigation

Question 17

What is state “police power” in Taney Court

Answer 17

general power as a sovereign to legislate in the interests if public health, safety, morals and welfare

Question 18

Most Taney court CC cases about whether state laws impermissibly ___ or permissibly __

Answer 18

regulated interstate commerce, exercise of state police power

Question 19

US v. EC Knight Co facts

Answer 19

US invoked Sherman Act when one sugar company bought out until 98% of market

Question 20

EC Knight holding

Answer 20

Sherman Act cannot apply to monopolization of manufacturing since not in meaning of commerce (restrictive) `

Question 21

Champion facts

Answer 21

US banned interstate transporting of lottery tickets

Question 22

Champion holding

Answer 22

Carrying things with values across borders constitutes commerce and includes power to prohibit commerce in noxious goods (expansive)

Question 23

In Champion, the Court held that Congress may employ its commerce power by ___

Answer 23

excluding from interstate commerce things or conduct of which it disapproves

Question 24

Shreveport facts

Answer 24

ICC found several railroads discriminating against shipments to and from Shreveport

Question 25

Shreveport holding

Answer 25

ICC may regulate even intrastate railroad rates because Congress has power to regulate instrumentalities of commerce even reaching intrastate activities that may injure interstate commerce

Question 26

In Shreveport, the Court says its not that Congress has power to regulate internal commerce of a state but that it does have power to __

Answer 26

protect interstate commerce and take all measures necessary to that end (including intrastate transactions of interstate carriers)

Question 27

Caminetti facts

Answer 27

men convicted of violating White Slave Traffic act for transporting mistresses across state lines

Question 28

Caminetti holding

Answer 28

Men didn’t engage in commercial activity but still upheld convictions

Question 29

Caminetti reasoning

Answer 29

transportation of passengers in CC long settled, also have power to keep interstate commerce free from immoral and injurious uses

Question 30

Hammer facts

Answer 30

federal law banned shipment of goods produced in violation of restrictions on child labor

Question 31

Hammer holding

Answer 31

Struck regulation, goods themselves harmless in other cases transportation necessary for harmful results

Question 32

Holmes dissent in Hammer

Answer 32

Congress purpose irrelevant, statute clearly regulated interstate commerce (overruled by Darby)

Question 33

Bailey facts

Answer 33

Congress used taxing power to achieve same result in Hammer

Question 34

Bailey holding

Answer 34

Struck tax, operated as regulatory law exceeding Congress power to regulate commerce

Question 35

New Deal Era cases

Answer 35

Schechter Poultry, Carter, Jones&Laughlin, Darby

Question 36

Poultry was repudiated by __

Answer 36

Jones and Darby

Question 37

Carter originally held that ___

Answer 37

mining (like manufacturing) is not itself commerce (repudiated by Jones and Darby)

Question 38

NLRB v. Jones holding (1)

Answer 38

rejected “direct” and “indirect” effects on interstate commerce approach of Schechter where intrastate activities has such a substantial relation to interstate that their control is essential or appropriate to protect that commerce from burdens and obstructions

Question 39

Jones holding 2

Answer 39

downplayed production distinction of Carter, effect upon commerce not the source of the injury which is the criterion

Question 40

Jones was a turning point when the Court shifted to a more _____

Answer 40

expansive interpretation of CC (which has been enduring)

Question 41

Darby overruled __

Answer 41

Hammer

Question 42

Darby facts

Answer 42

Act prohibited shipment in interstate commerce of lumber manufactured by employees with wages below min/hours above max

Question 43

Darby holding

Answer 43

Congress CC power extends to those activities intrastate which so affect interstate as to make regulation of them appropriate means to the attainment of a legitimate end

Question 44

Darby takeaway

Answer 44

CC explicitly expansive, motive doesn’t matter

Question 45

Gibbons reasoning 1

Answer 45

commerce need not be construed strictly

Question 46

Gibbons reasoning 2

Answer 46

Commerce more than traffic, it is commercial intercourse

Question 47

Gibbons reasoning 3

Answer 47

“among the several States” - commerce among states cannot stop at external boundary line of each State

Question 48

Gibbons reasoning 4

Answer 48

Limitations inherent in language of CC - commerce which concerns more States than one

Question 49

Gibbons holding 2

Answer 49

Congress power not just to regulate trade of goods but also intrumentalities that go along with such trade

Question 50

Gibbons holding 3

Answer 50

Because NY statutue conflicts with act of Congress, latter prevails

Question 51

Gibbons distinction between power and authority

Answer 51

power is what is defined by Consti, what’s done under it (implied) is authority

Question 52

Darby reasoning

Answer 52

whatever their motive and purpose, regulations of commerce that don’t infringe on Consti within Congress CCq

Question 53

What does Darby mean by motive?

Answer 53

CC doesn’t say Congress can regulate commerce only for the sake of commerce, just that it can regulate commerce

Question 54

There are other areas of the Consti for which congressional intent matters like __

Answer 54

can tax for specific purpose

Question 55

Most powers and rights in the Consti just describe ___

Answer 55

spheres of authority w/o an intent requirement (seems more practical)