con final

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jans0150
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83051
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con final
Updated:
2011-05-01 20:58:08
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con
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final
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  1. 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.
  2. Congress may regulate the following under commerce power:

    channels

    instrumentalies

    articles

    activities
  3. When considering substantial cummulative effect consider:
    traditional state function.

    is national standard desireable?

    are there room for multiple solutions.
  4. what functions are presumably state functions?
    family law

    criminal law

    education
  5. If action is discriminatory to ISC, might be permitted if:
    ratiaonally related to health, safety. or general welfare.
  6. To defeat state claim that discrimination is rationally related to health, safety, or general welfare, claimant must show:
    benefits are mininal.
  7. exception to lack of tax payer standing:
    leg spending in violation of establishment clause.
  8. expections to ripeness:
    voluntary cesation

    recurring.
  9. 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.
  10. 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.
  11. re delegation of leg power to exec:

    arguments for against:
    intellegable principle

    efficiency

    • undermines democratic will
    • too much power in exec
    • allows leg to avoid accountability
  12. U.S. v EC knight
    Manufacturing is not commerce.
  13. Shreveport
    feds may regulate intrastate commerce that affects ISC
  14. Hammer v. Degenhart
    No commerce power to regulate goods made with child labor.
  15. Darby
    Can regulate manufacture of goods involved in ISC.
  16. chada
    leg acts must not bypass exec
  17. Clinton v NY
    line item veto is unconstitutional
  18. if a provision of a statute is unseverable and unconstitutional...
    the entire statute is invalid.
  19. inferior officers can be appointed...
    by pres; congress must establish position.
  20. term limits are unconsitutional because:
    10th only preserves powers states had prior to ratification,
  21. whether a person is an inferior officer is determined by:
    supervisor

    scope of jurisdiction

    whether supervisor can remove.

    nature of duties.

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