... 57) A government rule that permits persons of one race but not of another race to receive
government benefits such as Medicaid would violate the "strict scrutiny" test of equal protection.
Topic: Equal Protection Clause
Objective: LO 5
58) An affirmative action pro ...
Currie 9 (2002)
... are more likely to ratify than the state legs
that are called upon to shed powers
iii. New constitution wouldn’t be a mere
compact/league among the states—but
rather the founding of a new nation that
won’t be subject to dissolution by one
state’s breaching the agreement (later
became an important ar ...
The Commerce Clause and Executive Power
... required all laws relating to homosexuals to be valid only through the process of amending its constitution. 25 The Court said this initiative by the
people was invalid because it was based on pure animus against homosexuals and, thus, was a violation of the Equal Protection Clause. 26
Even with the ...
Environmental Economics: A Market Failure Approach to the
... with the Indian Tribes.”2 At the time, courts and Congress shared an expansive
understanding of the Commerce Clause.3 The idea that there were limits on
Congress’s Commerce Clause authority was an “intellectual joke,”4 and the
standard law school treatment of Commerce Clause powers boiled down to th ...
examining the interstate commerce clause
... In Morrison, the Court heard a challenge to the Violence Against Women
Act of 1994.13 The Court decided that the Act exceeded Congress’ power
under the Commerce Clause.14 According to the Court, allowing Congress to
regulate purely criminal activity would “completely obliterate the
Constitution’s di ...
Board of Supervisors
... nation to require drug manufacturers to be responsible for disposal costs. The lawsuit, filed by trade
associations representing the manufacturers and distributors of pharmaceutical products, argued that the
ordinance violated the dormant Commerce Clause of the US Constitution as it interfered with ...
In the Supreme Court of the United States
... to tyranny or civil strife. They counted on strictly
delineated enumeration of powers for the federal
government, and on the diffusion of power among
different levels of government, to protect against
those possibilities. In The Federalist No. 10, James
Madison wrote, “The federal Constitution forms ...
structure of the constitution - Washington University School of Law
... 1. Anti-Broad interpretation: purpose not to give Congress authority to control
states police power over local grade manufacturing regulations
2. Commerce: intercourse for the purpose of trade (may need to distinguish
B. Modern test: act comes within the commerce clause it:
1. ac ...
... a. Did the courts alone have power to determine what the Constitution says or do
other officials in the government have the power to determine this as well?
a. Jefferson each branch has power to interpret the Constitution
b. What is Arkansas’s position on the effort to enforce federal law on the b ...
I. I. History of National Power
... regulation affects interstate commerce?
3. Dormant Commerce Clause – even is Congress has not acted, a state
regulation that burdens interstate commerce is unconstitutional
a. Milk Cases – discrimination
b. Pike v. Bruce Church – balancing test – Is it discriminatory, if
so, looks at whether local i ...
McCulloch v. Maryland (1819)
... corrupt. Third, the states felt that the federal government was exerting too much power over them by
attempting to curtail the state practice of issuing more paper money than they were able to redeem
One state opposed to the Bank of the United States was Maryland. In an attempt to drive t ...
Since the decision in Gibbons v
... dealt with the Commerce Clause. Over time, the Congress has used its commerce power to
justify many pieces of legislation that may seem only marginally related to commerce. The
Supreme Court of the United States has, at various points in history, been more or less
sympathetic to the use of the Comme ...
Schechter Poultry Corporation v. United States (1935)
... the authority to regulate certain aspects of commerce during the Depression, was
an unconstitutional delegation of presidential power.
Opinion: The Supreme Court of the United States, in a unanimous decision, held
that the delegation of power made by the NIRA was unconstitutional. The Court
held tha ...
The Supremacy and Commerce Clauses of the United States
... of the United States—and must obey federal laws and pay federal taxes—
they have unique status that other countries like Canada and Mexico do
not. In exchange for permission to live on tribal land, the United States
made promises to provide certain things for Indians, such as education and
Dormant Commerce Clause
The ""dormant"" Commerce Clause, also known as the ""negative"" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution. The Commerce Clause expressly grants Congress the power to regulate commerce ""among the several states."" The idea behind the dormant Commerce Clause is that this grant of power implies a negative converse — a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflict between state and federal statutes, but Congress may allow states to pass legislation that would otherwise be forbidden by the dormant Commerce Clause.The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive federal power ""to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution.