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Within the state (country)
Out of state (country)
Power to regulate foreign commerce
Only the federal government can regulate foreign commerce (Congress)
What does Gibson v. Oden stand for?
The proposition that states cannot impede interstate commerce.
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.
Dormant commerce clause concept
State regulations must not violate the federal commerce clause. Also they are not arbitrary, capricious, or unreasonable.
Within state powers can not substantial impact on interstate commerce, states can regulate.
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.
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)
Functions of Agencies
- Rule making
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.
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.
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