Flashcards in State pOWER Deck (19):
State power from
10th amendment, is residual power
Enumerated powers is..._ than 10th amendment
Dormant commerce clause
states can have it until congress needs it.
Limits on commerce clause
Has to be economic in nature
10th amendment isnt...
an impediment to enumerated powers
States only have power to regulate commerce
when congressional inaction leaves a void (DCC)
Fed's cant.. (regulation)
force states to regulate if its in the power of congress.
Feds can (regulation)
incentivize states (highway funds for drinking age)
Using DCC states can
fill vacancies in regulation if they don't discriminate agaisnt ICC
Levels of scrutiny for ICC
Pikes balancing test
weights burdens and benefits, whichever is greater wins.
triggering test: facial discrim
triggerstest: econ protectionism
triggers: facially neutral
triggers: shutting door to commerce gets you
taking taxes and giving only to in state producers
state police power
health safety welfare