Con law

Question 1

Dormant Commerce Clause

Answer 1

if congress has not enacted laws regarding a subject, a state or local government may regulate local aspects of interest commerce if the regulation:

I. does not discriminate against out of state competition to benefit local economic interests AND
2. is not unduly burdensome (burden does not outweigh the benefits)

Question 2

DCC- does discriminate

Answer 2

almost always invalid but can be valid if:

necessary to achieve an important noneconomic state interest and there is no reasonable alternatives available

discriminatory if distinguish between in state and out of state business or consumers

Question 3

DCC and states acting as market participatns

Answer 3

DCC does not prevent a state from preferring its own citizens he the state is buying or selling goods or services.

Question 4

rational basis

Answer 4

rationally related to a legitimate government purpose

Question 5

indermediate

Answer 5

substantially related to an important government interest

Question 6

strict scrutiny

Answer 6

necessary to achieve a compelling government purpose

Question 7

Congress may put conditions on grant of money as long as conditions are:

Answer 7

1. clearly stated
2. relate to purpose of program and
3. not unduly coercive

Question 8

Congress Commerce Clause

Answer 8

congress has the power to regulate:

1. channels of interstate commerce
2. instrumentalities of interstate commerce AND
3. activities that have a substantial effect on interstate commerce

Question 9

channels of interestate commerce

Answer 9

regulations of trucks, trains, or airplance

Question 10

Activites that have a substantial effect on interstate commerce

Answer 10

if activity ecnomic or commercial: upheld if congress could rational conclude that the activity in aggregate substantially affects interstate commerce

activity noncommercial and not economic: upheld only if Congress can make a factual showing that the activity actually has a substantial economic effect on interstate commerce without the aggregation

Question 11

10 amendment

Answer 11

reserve to the state powers not granted to federal government by the constitution - limitation on federal governments power to regulate states

Question 12

10 amendment and private sector

Answer 12

if regualtion applies to states and private sector the tenth amendment will not bar enforcement

Question 13

congress 11th amendent

Answer 13

prohibits federal courts from hearing damages actiosn against the state and agency.

congress can make an exception when acting under section five but NO power to make an exception for commerce clause

Question 14

5th amendment takings

Answer 14

no government taking of private property for public use without just compensation

a taking if actual physical appropriation or destruction of property

Question 15

reguatlion is taking if

Answer 15

i. physcial appropriation
ii. denies owner all economic use
iii. unreasonably interferes with owners investment backed expectation

Question 16

forced conveyances

Answer 16

usually violat 5th amendment

requiremetns can be imposed if:
I. close nexus exists
ii. proportionality exists

Question 17

section 5 of 14th amendment

Answer 17

enabling clause gives congress power to adop legislation to enforce rights and guarantees provided by fourteenth amendment

no creation or expansion of constitutional rights

must be congruent and proportional to solving history or pattern of violations of such right

Question 18

contracts clause

Answer 18

limits ability of states toenact laws that retroactively impair contract rights

private contracts- intermediate- substantial imparis existing private contract invalid unless (1) important and legit public interest and (2) reasonable and narrow tailored

public contracts- stricter scrutying- same test but going to be harderto pass

Question 19

takings

Answer 19

private property may not be taken for public use without just compensation

5th amend- applic. to states via 14th

Question 20

“public use” under takings

Answer 20

gov action must be rationally related to a legitimate public purpose

Question 21

taking v. regulation

Answer 21

taking- must be actual or phsycial or a denial of all economic value of land NOT mere decreasing in value

Question 22

exactions

Answer 22

taking when attempt to condition building or development permits on landowner conveying title or granting public easment UNLESS

1. essential nexus between condition and proposed development
2. adverse impact proportional to loss caused to woenr for forced transfer

Question 23

just compensation under takings

Answer 23

fair market value of property at the time of the taking

Question 24

doing business taxes

Answer 24

privilege, license, franchise or occupational taxes

generally permitted if

I. activity taxes substantial nexus to taxing state

2. fairly apportioned
3. doesn’t discriminate against IC
4. tax fairly relates to services provided

Question 25

states taxing interstate commerce

Answer 25

cannot discriminate against interstate commerce

must have:
1. substantial nexus to taxing states
2. fair apportionment
3 fair relationship