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Flashcards in State pOWER Deck (19):
1

State power from

10th amendment, is residual power

2

Congresss has

plenary power

3

Enumerated powers is..._ than 10th amendment

>

4

Dormant commerce clause

states can have it until congress needs it.

5

Limits on commerce clause

Has to be economic in nature

6

10th amendment isnt...

an impediment to enumerated powers

7

States only have power to regulate commerce

when congressional inaction leaves a void (DCC)

8

Fed's cant.. (regulation)

force states to regulate if its in the power of congress.

9

Feds can (regulation)

incentivize states (highway funds for drinking age)

10

Using DCC states can

fill vacancies in regulation if they don't discriminate agaisnt ICC

11

Levels of scrutiny for ICC

Rational basis
pikes
strict scrutiny

12

Pikes balancing test

weights burdens and benefits, whichever is greater wins.

13

triggering test: facial discrim

strict scruntiny

14

triggerstest: econ protectionism

strict scrutiny

15

triggers: facially neutral

pikes

16

triggers: shutting door to commerce gets you

strict scrutiny

17

taking taxes and giving only to in state producers

facially discriminatory

18

state police power

health safety welfare

19

strict scrutiny test

3 part.
1. compelling state interest?
2. narrowly tailored?
3. no less restrictive means (2 and 3) is where the $ is