con final

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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:

channels

instrumentalies

articles

activities
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?

family law

criminal law

education
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:

voluntary cesation

recurring.
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:
intellegable principle

efficiency
- undermines democratic will
- too much power in exec
- allows leg to avoid accountability
U.S. v EC knight

Manufacturing is not commerce.
Shreveport

feds may regulate intrastate commerce that affects ISC
Hammer v. Degenhart

No commerce power to regulate goods made with child labor.
Darby

Can regulate manufacture of goods involved in ISC.
chada

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:

supervisor

scope of jurisdiction

whether supervisor can remove.

nature of duties.

Author

jans0150

83051

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con final

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final

Updated

2011-05-02T00:58:08Z