Con Law - Implied Powers + Dormant Commerce Clause
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Created by:
handenry on April 27, 2012
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Constitutional Law, CU Law Non-misogynistically-name d flashcard group
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6 terms
Terms | Definitions |
|---|---|
 McCulloch v. Maryland | Congress has implied powers to perform its enumerated duties that come from the Necessary and Proper Clause Facts: challenge whether Fed Gov't had power to est a bank Holding: this power is implied Rationale: -The power specifically enumerated implies other means -Const does not exclude implied powers -Amendment 10 assured states wouldn't cede too much power, but doesn't preclude implied Fed powers -Necessary and proper clause - Fed gov't must have power to do what's necessary & proper to fulfill its enumerated powers -Meaning of necessary: --Broad - gives Cong discretion on furthering & realizing its enumerated powers --Some power of review reserved for courts |
| Dormant Commerce Clause | When Cong has not enacted legislation, can state reg commerce? Extreme approaches - Gibbons & Blackbird Creek Middle approach - Cooley (states may reg if it doesn't impose an unacceptable burden on interstate commerce No apparent Const'l justification for DCC |
| Southern Pacific Co. v. Arizona | Safety interests have to be ligitimate to permit states to regulate interstate commerce Facts: AZ req'd shorter train lengths than surrounding states, claiming it was in the interest of safety Holding: req was struck down Rationale: Not really a safety benefit Need uniformity in RR's |
| Gibbons v. Ogden | States may not regulate commerce among the several states Facts: Conflict btwn state monopoly run steamboars & federally licensed interstate steamboar company Holdings: 1) Commerce includes navigation 2) Power to regulate commerce is not concurrent btwn federal & state 3) States may regulate commerce & movement of goods under police power - for safety of its people |
| Cooley v. Board of Wardens | States may regulate areas of interstate commerce that are local in nature & do not demand uniformity across the country Facts: Philly req'd local licensed pilots to navigate its ports Rationale: No need for national uniformity. Possible reasons: 1) Local rules maximize interstate commerce 2) Local rules have no effect on interstate commerce 3) LR's consider local necessities |
| SC State HW Dept. v. Barnwell Brothers, Inc | Local interests can overcome burden on interstate commerce Facts: SC limited width & weight of trucks on its HW's its roads weren't designed for heavier trucks |
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