Chapter 15

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Chapter 15
2015-04-07 21:29:29
Commerece Clause Regulatory Process

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  1. Commerce
    Is Business
  2. Intrastate
    Within the state (country)
  3. Interstate
    Out of state (country)
  4. Power to regulate foreign commerce
    Only the federal government can regulate foreign commerce (Congress)
  5. What does Gibson v. Oden stand for?

    The proposition that states cannot impede interstate commerce.
  6. Limitation of Police Powers

    State and local power over commerce. Requiring state legislation and regulation to protect the publics health, safety, morals, and general welfare.
  7. Dormant commerce clause concept
    State regulations must not violate the federal commerce clause. Also they are not arbitrary, capricious, or unreasonable.
  8. FAA
    Exclusively Federal
  9. Exclusively State
    Within state powers can not substantial impact on interstate commerce, states can regulate.
  10. Federal preemption
    Federalism/ Supremacy clause

    Federal statute preempts a particular area of regulation, any state or local law retraining to the same subject matter is unconstitutional under the commerce clause.
  11. Undue burden 2 catagories
    • Those that burden interstate commerce only incidentally. (having an impact on interstate commerce, tolls that are only of out of states)
    • Those that affirmatively discriminate against such transactions. (out of states, tuition acceptable)
  12. Functions of Agencies
    • Rule making
    • Adjudicating
    • Advising
    • Investigating
  13. Standing to Sue a Federal Agency
    • Reviewability- is the action or decision of the agency subject to judicial review.
    • Aggrieved Party- generally the plaintiff must have been harmed by an administrative action or decision to have a standing.
  14. Exhaustion of Remedies
    A concept used in administrative law that requires any party to an administrative proceeding to give the administrative agency every opportunity to resolve the dispute before appealing to the court system.