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Regarding use of spending power, congress can place conditions on grants to states if:
conditions are clear
states had choice
conditions were not coercive
conditions are reasonably related to spending.
Congress may regulate the following under commerce power:
When considering substantial cummulative effect consider:
traditional state function.
is national standard desireable?
are there room for multiple solutions.
what functions are presumably state functions?
If action is discriminatory to ISC, might be permitted if:
ratiaonally related to health, safety. or general welfare.
To defeat state claim that discrimination is rationally related to health, safety, or general welfare, claimant must show:
benefits are mininal.
exception to lack of tax payer standing:
leg spending in violation of establishment clause.
expections to ripeness:
parks and universities can discriminate re fees because
they are bennifit programs funded by tax payers
and state is market participant.
and not fundemental right.
non justiciable political Q
dispect for coequal bracnch
can't resolve w/o addressing policy issue
unusual need for decision by other branch
lack of judicially managable standard.
claims under repub form of gov clause are non justicable.
re delegation of leg power to exec:
arguments for against:
- undermines democratic will
- too much power in exec
- allows leg to avoid accountability
U.S. v EC knight
Manufacturing is not commerce.
feds may regulate intrastate commerce that affects ISC
Hammer v. Degenhart
No commerce power to regulate goods made with child labor.
Can regulate manufacture of goods involved in ISC.
leg acts must not bypass exec
Clinton v NY
line item veto is unconstitutional
if a provision of a statute is unseverable and unconstitutional...
the entire statute is invalid.
inferior officers can be appointed...
by pres; congress must establish position.
term limits are unconsitutional because:
10th only preserves powers states had prior to ratification,
whether a person is an inferior officer is determined by:
scope of jurisdiction
whether supervisor can remove.
nature of duties.