Commerce Clause

Question 1

Commerce must have some

Answer 1

Must have some economic activity/impact

Question 2

Dormant Commerce Clause

Answer 2

When there is a void left by congressional inaction, states can regulate. But fed’s can take it back whenever.

Question 3

Congress power to regulate commerce isnt absolute

Answer 3

If there is something unique to the locality states have limited power if their regulation isnt in conflict with legal federal activity.

Question 4

Constitutional std of review poles:

Answer 4

Rational basis

Strict Scrunity

Question 5

Rational Basis

Answer 5

Least searching, jst needs a decent reason.

Question 6

Strict scrutiny

Answer 6

most searching, tight fit between law and regulation

Question 7

commerce review:

Answer 7

1. Is it commerce?
   2 Is there a rational basis for regulation?
   (In reality, RB is a joke, so all you need is #1).

Question 8

ICC includes:

Answer 8

1. Channels
2. Instrumentalities
3. Economic action that suc affects ICC