Commerce Clause, Article I and II powers, judicial review, Tenth Amendment, and dormant commerce principles.
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- What is the Commerce Clause?
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Article I, Section 8, Clause 3; grants Congress power to regulate interstate and foreign commerce- What are the three categories of interstate activity Congress can regulate under the Commerce Clause?
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Activity that substantially affects interstate commerce, instrumentalities of interstate commerce, and channels of interstate commerce- What is the Wickard substantial effects test?
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Even purely local activity can be regulated by Congress if it substantially affects interstate commerce- What did Gibbons v. Ogden establish?
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Commerce Clause power is exclusive in the federal domain; federal commercial regulations supersede conflicting state law- What was struck down in United States v. Lopez?
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A federal statute regulating guns in schools; Court held the activity did not substantially affect interstate commerce- Why was the Civil Rights Act of 1964 upheld under the Commerce Clause?
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Public accommodations discrimination affects interstate commerce because hotels and restaurants serve interstate travelers- What are enumerated powers?
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Powers explicitly listed in the Constitution, primarily in Article I, Section 8- Name four enumerated powers of Congress.
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Tax, borrow money, regulate interstate commerce, coin money, establish post offices, grant patents and copyrights- What is the Necessary and Proper Clause?
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Article I, Section 8, Clause 18; authorizes Congress to make laws needed to execute its enumerated powers- What is the standard for the Necessary and Proper Clause under McCulloch v. Maryland?
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A law must be rationally related to an enumerated power and not prohibited by the Constitution- What is the Taxing and Spending Clause?
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Grants Congress power to tax and spend for the general welfare, separate from regulation power- What is preemption?
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Federal law displaces state law when states lack authority or when state law conflicts with or frustrates federal law- What is the Supremacy Clause?
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Article VI, Clause 2; federal law is the supreme law of the land and preempts conflicting state law- What are implied powers?
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Powers not enumerated in the Constitution but derived from enumerated powers and necessary to execute them- Can Congress condition federal grants to states on compliance with federal requirements?
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Yes, under the Spending Clause, but conditions must be unambiguous and not unduly coercive
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