POS 383-Review Section 3 & 4

Which use of the federal commerce power did the Supreme Court invalidate in National Federation of Independent Business v. Sibelius?

"The power to regulate commerce presupposes the existence of commercial activity to be regulated". Therefore, the commerce power cannot be used to compel the purchase of a commodity.

Sovereign Immunity

A common law or judge-made doctrine that protects governments from liability (legal responsibility)

Direct Tax

A minimum to include a tax levied on every individual (often called a capitation tax or a head tax) and taxes on land.

Indirect Tax

A tax that is levied upon goods and services before they reach the customer who ultimately pays the indirect tax as a part of market price of the good or service purchased.

Court Packing

Adding justices to the Supreme Court or lower courts to shift the balance in a liberal, conservative or other direction.

National Preemption

Allows a higher level of government to limit or even eliminate the power of a lower level of government to regulate a specific issue.

What was FDR's court-packing plan? What was its motivation and justification? Which landmark decision saved the Court from suffering the plan's implementation?

Attempting to get around an obstructionist SCOTUS by expanding number of sitting justices. Pretense of compensating for infirmities of oldest justices. Congress in any case permitted to change number of seats on the court. (New Deal laws)

In what sense did United States v. Darby overrule the precedents of United States v. E. C.Knight Co. and Hammer v. Dagenhart?

Can the federal commerce power prohibit manufacturers from selling goods made under immoral conditions? Ruled that it can, thus overturning the precedents of Hammer and E.C Knight.

The Anti-Commandeering Doctrine

Cannot enforce the states to make laws, has nothing to do with the tenth amendment.

In which landmark case did the Supreme Court first permit the commerce power to be used as a police power?

Champion v. Ames

What is the dormant commerce clause? What are the two kinds of state activities with which the Supreme Court has been particularly concerned in invoking it?

Commerce power is exclusive in the federal government (and therefore prohibits states regulations, even absent federal ones.). States can regulate their own affairs in a way the discriminates against interstate/foreign commerce if... (a) congress has passed a law permitting it, or (b) the state is advancing a legit. local purpose that can't otherwise be served.

In which respects is the meaning of the commerce clause ambiguous? How did the Marshall Court's ruling in Gibbons v. Ogden clarify these ambiguities?

Congress shall have power to...regulate commerce with foreign nations Gibbons v. Ogden-the "commerce" to which the commerce clause refers cannot be limited to economic transactions or trade; it must include navigation. Commerce counts as interstate when it is part of the movement that eventually crosses a state border. The power to regulate commerce that does count as interstate is plenary in the federal government.

The Eleventh Amendment

Courts have no power or right to hear cases and make decisions against a state if it's sued by the citizen of another state or someone who lives in another country.

Cooperative Federalism

Defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs.

The Import/Export Clause

Designed to limit the states' ability to interfere with commerce. The Clause prohibits States from imposing imposts or duties on imports and exports, absent congressional consent, except for purposes of covering charges associated with their inspection laws. The Clause further discourages States from imposing such duties by barring the States from using the funds collected from any such duties, instead requiring all funds to be deposited with the U.S. Treasury, and authorizing Congress to revise any State laws that impose duties.

What is the judicial doctrine associated with Cooley v. Board of Wardens?

Doctrine of selected exclusiveness

In which landmark decision dealing with the private production of marijuana did the Supreme Court conclude that the question of whether an activity substantially affects interstate commerce is justiciable?

Gonzales v. Raich (2005)-In the aggregate growing marijuana does have a substantial effect on interstate commerce; therefore is subject to federal regulation. Question of when activity substantially affects interstate commerce is justiciable, the court decides whether there is a "rational basis" for how the federal government has already answered it.

The Original Package Doctrine

Goods flowing into the United States remained within federal government's taxing and regulating power until they were sold, processed, or broken out of their original packing.

According to the decision in Wickard v. Filburn, what needs to be true for local commercial activity to fall under the regulatory powers of Congress?

In any case, determining when effects of a local activity on interstate commerce are "close and substantial" (and therefore subject to lawful, federal regulation) is a non-justiciable question.

Police Powers

Inherent powers to protect the community's health, safety, morals, and welfare. Federal government is a government of delegated powers; seeing as police powers are not delegated to it, they must be reserved to the states.

In constitutional law, what is a police power? Why might the commerce power be used as a police power?

Inherent powers to protect the community's health, safety, morals, and welfare. The commerce power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution. If an activity falls under the definition of commerce among the states, then congress has the right to regulate it as long as regulation does not violate a constitutional limitation.

"In the Aggregate" Effects

Interest aggregation is the activity in which the political demands of groups and individuals are combined into policy programs

What are the two competing interpretations of the general welfare clause in Article I, section 8? Given the interpretation adopted in United States v. Butler, why was the ruling in that case surprising?

Madison: "general welfare" refers to the good of using the power to tax and spend within the limits of the power expressly delegated to the federal government. Hamilton: "general welfare" refers to a separate authority to use the power to tax and spend beyond the delegated powers. United States v. Butler (1936)-SCOTUS adopts the Hamilton interpretation, yet uses it to strike down a federal taxing and spending program.

In McCray v. United States and Bailey v. Drexel Furniture Co., what were the questions put to the Supreme Court? How did the Court's rulings answer the broader question of whether it is proper for Congress to impose taxes for reasons besides raising revenue?

McCray v. United States (1904)-boundaries of taxing powers established in the Constitution? The judiciary cannot enforce restrictions on the taxation power that concern the purpose for which it's used. Bailey v. Drexel Furniture Co. (1922)-This case presents the question of the constitutional validity of the Child Labor Tax Law. The judiciary can stop the use of a delegated power as a police power.

What is the tax immunity doctrine? In which Supreme Court cases was this doctrine developed? To what extent has it been subsequently eroded?

McCulloch v. Maryland (1819)-Power to tax is power to destroy; states cannot tax legit. federal action. Collector v. Day (1871). The federal government cannot tax legit. state actions (e.g. income paid to state official). South Carolina v. Baker (1988). The federal government can tax individual income derived from state government (including income from bonds).

In the wake of the industrial revolution (~1870-1930), what were three judicial doctrines developed by the Supreme Court for determining when commercial activity could be considered confined within a given state?

NLRB v. Jones and Laughlin Steel Corp. (1977)-Neither "direct effect" nor "stream of commerce" doctrines are necessary for delineating the federal commerce power. Congress can regulate whatever commercial activities have "a close and substantial reaction to interstate commerce". Congress can regulate labor practices of large corps.

In McCulloch v. Maryland, how does John Marshall's interpretation of the Tenth Amendment build on his understanding of the necessary and proper clause?

Permits congress to pass legislation implied by its enumerated functions Marshall's treatment of the necessary and proper clause, implied powers seem quite expansive. This also seems to be an explicit rejection of the "enclave" approach to the tenth amendment.

In which landmark case did the Supreme Court rule a federal income tax unconstitutional? How has the income tax been revived despite that ruling?

Pollock v. Farmers' Loan and Trust Co. (1895) The sixteenth amendment-congress has the right to collect tax on income

Dual Federalism

Power is divided between the federal and state governments in clearly defined terms, the state governments exercises powers accorded to them without interference from the federal government.

What are the two constitutional sources of restrictions on the taxing powers of the states? What was the "original package" doctrine that gave expression to one of these restrictions? In which landmark case was it overruled?

Prohibits state taxes on imports or exports without consent of congress and restricted by the federal commerce power. First, direct taxes must be apportioned Second, duties, imposts, and excises must be uniform The original package doctrine clarifies circumstances under which imports/export clause implies. Overruled in Michelin Tire Corp. v. wages (1977)-Imported/export clause prohibits only these state taxes that discriminate against those who are involved in foreign commerce.

The "Rational Basis" Test

Prohibits the government from imposing restrictions on liberty that are irrational or arbitrary. A judicial review test used to determine the constitutionality of a statute or ordinance.

What are the two main sources of ambiguity in American federalism? What are the various positions taken in these two controversies? What support does each position find in the Constitution?

Relationship between the people and the national government. Contract is between states and the nation.

The Shreveport Doctrine

Shreveport Rate Case (1914)-Federal government can regulate commerce within a state if essential to the security and efficiency of interstate commerce.

What is sovereign immunity? What does it have to do with the Eleventh Amendment? How was it at issue in Alden v. Maine?

Sovereign immunity-a government cannot be sued in its own courts unless it gives consent. The courts Alden decision rejected congress's attempt to penetrate Maine's sovereign immunity shield by authorizing aggrieved private parties to sue the state in one court. Sovereign immunity doctrine provides federal and state governments considerable protection from citizen lawsuit. The federal government cannot be sued in either federal or state court without consent. State sovereign immunity, supplemented by the eleventh amendment, extends to state governments similar protections against private lawsuits.

The Tenth Amendment

States have all rights not specifically forbidden them or not given to the federal government by the Constitution (the concept of federalism).

The Stream of Commerce Doctrine

Swift and Co. V. United States (1905) and Stafford v. Wallace (1922)-Activities that are part of a stream of interstate commerce can be regulated by the federal government, even if they otherwise resemble "production" and occur within a particular state.

In Schechter Poultry Corp. v. U.S., what was Justice Hughes's rationale for striking down the National Industrial Recovery Act?

The Hughes court strikes down marquee the nation industrial recovery act (NIRA). Setting stage for FDR's court pack plan. Ruled that commerce clause does not predict the regulation of wages and working conditions. Held that working conditions cannot be considered as part of the "stream of interstate commerce". Nor do working conditions directly affect interstate commerce.

Under what conditions has the Supreme Court made exceptions to the dormant commerce clause?

The State may not impose conditions that have a substantial regulatory effect outside of that particular market. The "market participation exception" does not give states unlimited authority to favor local interests, because limits from other laws and Constitutional limits still apply

What is the doctrine of dual federalism associated with the Taney Court? How did it inform the decisions handed down in Scott v. Sandford and Coyle v. Smith?

The Taney Court interceded in both issues--slavery and federal supremacy-With its decision in the infamous case of Scott v. Sanford, the court may have contributed to the collapse of the union. It also overruled Taney's Dred Scott opinion by declaring, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." Dual federalism principles articulated in Coyle, including an elevated protection of the states rights and a narrow construction of federal authority. Significance=The regulation of commerce. Dual federalism doctrine-the idea that the national and state governments were equal partners with separate and distinct spheres of authority.

The Dormant Commerce Clause

The commerce power is exclusive in the federal government (and therefore prohibits states regulations, even absent federal ones.).

The Doctrine of Selective Exclusiveness

The commerce power is exclusive to the federal government only over interstate and foreign commerce that is (a) national in scope or (b) requires nation-wide standard.

The Sixteenth Amendment

The congress shall have power to lay and collect taxes on income

Federalism

The division and sharing of power between the national and state governments

What is the "anti-commandeering" doctrine that the Court has developed in recent years, beginning with New York v. United States? What does it have to do with the Tenth Amendment? What are the different controversies that have led the Court to develop it?

The federal government cannot commandeer the federal apparatus of the states. State sovereignty is protected not by the tenth amendment but from the fact that the federal government can regulate only individuals not states. Cannot enforce federal states to make laws, and has nothing to do with the 10th amendment.

What are the two standards stipulated by the Constitution for assessing federal taxes? Illustrate each standard with an example, real or hypothetical.

The first is geographical uniformity. Duties, imposts, and excise taxes all must be applied according to this standard. The second standard for imposing taxes is population distribution. The constitution says that all direct taxes must be apportioned among the states on the basis of population. Ex.property tax

How have the Rehnquist and Roberts Courts revived judicial review of the federal commerce power without overruling the Darby and Wickard precedents?

The modern court uses that Darby and Wickard case precedents to reserve certain kinds of commercial regulation to the state. With the Darby and Wickard decisions, the court entered a new era of commerce clause interpretation. The justices no longer considered relevant issues such as direct versus distribution, or stream of commerce concerns. They made clear, as Stone wrote in Darby, that the power of congress over interstate commerce is not confined to the regulation of commerce among the states.

The Tax Immunity Doctrine

The operation of a federal system carries within it inherent risks of conflict between the national government and the states.

When both national and state governments want to regulate some activity, why should federal laws preempt those of the states? Why has this question generated legal controversy?

The supremacy clause seem to offer an easy answer to such conflicts: if congress passes legislation with the intent of occupying a certain issue area and precluding state involvement in the area, then any state legislation that stands as an obstacle must fall. The problem is that federal laws usually do not specify whether congress intended to prevent state action. When disputes arise over this ambiguity, the judiciary is often called on to determine whether congress has exercised exclusive or concurrent jurisdiction.

Process Federalism

Two or more governments share powers over the same geographic area. While some countries give more power to the overall central government, others grant more power to the individual states.

Which Supreme Court decision was the last major articulation of cooperative federalism? What was the question at issue in that case?

United States v. Darby (1941). Was the Act a legitimate exercise of Congress's power to regulate interstate commerce?

The Direct Effect Doctrine

United States v. E.C. Knight Co. (1895)-Commerce does not include production, only activities that "directly affect" interstate commerce fall under federal regulatory authority.

Why did the Supreme Court ultimately reject the distinction between direct and indirect effects on interstate commerce? In which case did the Court first reject this distinction?

Wickard and Darby. The justices no long considered relevant issues such as direct versus indirect effects, manufacturing/production versus distribution, or stream of commerce concerns. They made clear, as Stone wrote in Darby, that the power of congress over interstate commerce is not confined to the regulation of commerce among states.