Sample
... 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. Answer: TRUE Topic: Equal Protection Clause Objective: LO 5 Difficulty: Moderate 58) An affirmative action pro ...
... 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. Answer: TRUE Topic: Equal Protection Clause Objective: LO 5 Difficulty: Moderate 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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
Economic Liberty - Marquette Law Scholarly Commons
... MAKING OF THE CONSTITUTION 8 (L. Levy ed. 1969) [hereinafter Beard Essay]. ...
... MAKING OF THE CONSTITUTION 8 (L. Levy ed. 1969) [hereinafter Beard Essay]. ...
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 from manufacturing) B. Modern test: act comes within the commerce clause it: 1. ac ...
... 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 from manufacturing) B. Modern test: act comes within the commerce clause it: 1. ac ...
Word
... 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 ...
... 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 ...
... 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 on demand. One state opposed to the Bank of the United States was Maryland. In an attempt to drive t ...
... 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 on demand. 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 ...
... 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 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 healthcar ...
... 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 healthcar ...