Term
| Where is the Commerce Clause found? |
|
Definition
| Article I, Section 8, Clause 3 |
|
|
Term
| What are the four broad categories of activities under the Commerce Clause? |
|
Definition
| Channels, Instrumentalities, Articles, "Substantially affecting" commerce [Gibbons v. Ogden] |
|
|
Term
| What is "Channels" under the Commerce Clause? |
|
Definition
| Congress can regulate in a way that is reasonably related to highways, waterways, and air traffic. Congress can do this even if the activity is completely intrastate. |
|
|
Term
| What is "Instrumentalities" under the Commerce Clause? |
|
Definition
Congress can regulate "instrumentalities" of interstate commerce, even if the things being regulated are completely interstate.
(people, machines, and other "things" used to carry out commerce)
Example: regulation of trucks having a safety device |
|
|
Term
| What are "Artcles" moving in interstate commerce? |
|
Definition
| The states and private parties keep information about th eidentities of drivers. Since this information gets exchanged across state lines, the information is an article in interstate commerce and Congress may regulate it [Reno v. Condon]. |
|
|
Term
| What is "Substantially affecting" commerce in the Commerce Clause? |
|
Definition
| Congress may regulate those activities having a "substantial effect" on interstate commerce. [U.S. v. Lopez] |
|
|
Term
| Commerce Clause: substantially affecting commerce that is commercial activity. |
|
Definition
| If the activity itself is commercial, then it doesn't matter whether the particular instance of the activity directly affects interstate commerce, as long as the instance is part of a general class of activities, that collectively, substantially affect interstate commerce. So even purely intrastate activities can be regulated if they;re directly "commercial". This is especially true where Congress regulates the intrastate commerciail activities as part of a broad scheme to regulate interstate commerce in the same activity. [Gonzalez v. Raich] |
|
|
Term
| Commerce Clause: substantially affecting commerce that is NOT commercial activity. |
|
Definition
If the activity itself is not commercial then there will have to be an obvious connection between the activity and interstate commerce.
Examples:
Congress makes it a federal crime to possess a firearm in or near a school [U.S. v. Lopez]
Congress says that any woman who is the victim of a violent gender-based crime may bring a civil suit against the perpetrator in federal court [U.S. v. Morrison]. |
|
|
Term
| What are the differences between the Dormant Commerce Clause and the Commerce Clause? |
|
Definition
Dormant: Use when the regulation is from the STATE.
Commerce Clause: Use when the regulation is by the FEDERAL government. |
|
|
Term
| How does the 10th Amendment affect the Commerce Clause? |
|
Definition
The 10th Amendment says "the powers not delegated to the United States by the Constitution, or to the People."
This places a small, but significant, limit on Congress' ability to use its commerce power to regulate the states.
Example: Congress passes a minimum-wage and overtime provision which are made applicable to all businesses of a certain size. The statute contains no exemption for employees of state-owned mass transit systems. The regulation even of state employees here is a constitutional exercise of the commerce power, not forbidden by 10th. [Garcia v. San Antonio Transit] |
|
|
Term
| How can the Commerce Clause, via the 10th Amendment, prevent Congress from interfering with law-making process? |
|
Definition
Congress provides that each state must arrange for the disposal of toxic waste generated within its borders, or else be deemed to "take title" to the waste and thereby become liable for tort damages stemming from it. The congressional scheme violates the 10th Amendment.
Congress may not force a state to enact and enforce a federal regulatory program [New York v. U.S.] |
|
|
Term
| A state regulation which affects interstate commerce must satisfy each of the following three requirements to violate the DCC: |
|
Definition
[1] The regulation must pursue a legitimate state end;
[2] The regulation must be rationally related to that legitimate state end;
[3] and the regulatory burden imposed by the state on the interstate commerce must be outweighed by the state's interest in enforcing its regulation. |
|
|
Term
| Give an example of Discrimination under the Dormant Commerce Clause: |
|
Definition
If the purpose of effect of the regulation is to discriminate against commerce from another state (i.e. where the state law is designed to protect local economic interests at the expense of out-of-state competitors) it will be invalid under the DCC [Dean Milk]
Also, a county or city protecting its own local interests by discriminating against both out of town and out of state producers will violate the DCC. |
|
|
Term
| Give examples of legitimate state interests for the Dormant Commerce Clause: |
|
Definition
Health/safety/welfare regulations: Regualtions that are truly addressed to the state's health, safety and welfare objectives are usually "legitimate"
Police Power: Traditionally, it is within the state's police power to enact legislation for the protection of health, safety, and welfare.
Public Health measures: Public health measures are upheld as long as they do not discriminate again or unduly burden interstate commerce. |
|
|
Term
| How do you perform the balancing test under the Dormant Commerce Clause. |
|
Definition
When you perform the balancing part of the test (to see whether the benefits to the state from its regulation outweigh the unintentional burdens to commerce), pay special attention to whether there are less restrictive means available to the state: if the state could accomplish its objective as well while burdening commerce less, then it probably has to do so.
Example: Wisconsin can't ban all out of state milk, even to promote the legitimate objective of avoiding adulterated milk, because there are less restrictive means... [Dean Milk v. Madison] |
|
|
Term
| How does a lack of uniformity affect interstate commerce under the Dormant Commerce Clause? |
|
Definition
| It is likely to constitute a big burden on interstate commerce. For instance, if various states' regulations are in conflict, the Court will probably strike the minority regulation, on the grounds that it creates a lack of uniformity that substantially burdens commerce without a sufficiently great corresponding benefit to the state. |
|
|
Term
| What are examples of state protectionism? |
|
Definition
"You can't bring your goods into our state, or You can't take goods out of our state into your state."
Example: New Jersey prohibits the importing of solid and liquid waste into the state... Even if the state's purpose was the to protect the state's environment or its inhabitant's safety, the state may not accomplish these objectives by discriminating against out-of-states [Philadelphia v. New York] |
|
|
Term
| What is the Market participant exception and where is it found? |
|
Definition
It is found in the Dormant Commerce Clause. It is one key exception to the dormant commerce clause which rules: if the state acts as a market participant it may favor local over out-of-state interests.
Example: South Dakota owns a cement plant. It favors in-state customers during shortages. This does not violate the Commerce Clause because the state is acting as a market participant. [Reeves v. Stake] |
|
|
