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CONGRESS (Limits to Powers (State Police power: general power to act on…

- - - - Congress has complete authority to permit or prohibit state regulation of what is concededly commerce within the scope of Congress’s regulatory power.
      - Equal Protection Clause, discriminatory economic legislation will be struck down if it is not rationally related to a legitimate state interest that promotes commerce clause
      - will not violate if:
        
        furthers an important noneconomic state interest and there are NO other alternatives.
        2.) burden is undue or unresonable
- - - - Commerce Power
        
        Modern state: regulate obvious interstate activities moving across state lines and purely local intrastate activities SUBSTANTIALLY affect interstate commerce alone or in the aggregate with other similar activities. Broad 1.) channels 2.) people 3.) activities 4.)instrumentalities.
        
        Wicker: gov production limits on wheat. wheat was for own home consumption and not for sell.
        -Const: broad picture. rationally conclude that farmers who use wheat for own consumption. ALL of them have a cumulative affect substantially market on prices.
        Rational test : congress draws a connection on 1 person and others who may do the same and in aggregate can affect subs interstate commerce. MARIHUANA IS A COMMODITY GROWN AT HOME FOR PERSONAL USE BUT AFFECTS IN CUMM INTER COMM
        
        Heart of Atl: cannot pass law based on commerce power over an hotel for discrimination.
        -Const. hotel involved by interstate commerce. ability for people to travel, other businesses, activity of hotel and other hotel w/ same activities in the aggregate can sub affect interstate commerce. Real motive (discrimination) did not matter.
        
        exception: Clean water act authority on engineers. waterholes for birds. abandoned sand and pits.
        UNConst:
        
        Gonzalez: marihuana grown for own use. targeting a market category. even growing for one's own needs is commercial.
        Cons: rational basis that activity even intrastate combined w/ others doing the same thing has a sub market on economic activity. To not let slippage of marihuana into interstate commerce.
        
        power to promote , regulate , and prohibit. LOOK at the ACT first and then IF affects commerce inter/intra and then HOW What does that fed statute regulate??? direct to criminal activity? =then no it doesnt involve inter commerce. if indirect to commerce power does it have a hook to a channel / instru?
        
        Limits
        
        US v Lopez: Gun free school zone act. illegal to possess a gun within 1k ft from a school.
        UNCons: beyond or outside commerce authority. channels instr. (mail, phone, trucks) activities that have a subs. affect on commerce. IF ITS purely intrastate activities and not commercial in nature does not have a subs affect. possession of a gun even if repeated by others will not sub affect interstate commerce. activity to be regulated in not commercial or connected to a economic activity or a movement of commerce and since its usually regulated by state. if too much inferences just to make it to seem like it affects commerce.
        
        Morrison: beyond reach of commerce power. federal violence against women act.
        UNCons: activity regulated did not implicate an economic activity. NO Connection. CANNOT pile inference upon inference.
        
        Obamacare: exceeded its commerce authority. req all individuals have to purchase HI. = iNDV. mandate
        UNCons: struck down indv mandate. to regulate indv because of not doing nothing. forcing people engage in activity. COMMERCE POWER CANNOT REACH INACTIVITY.
        
        limits of commerce power to noneconomic activity and laws traditionally ruled by the state (family law).
        
        Federalism: congress uses its power to make states do something.
        
        National League: Fair labor act for min wage on state gov for their state employees.
        UNCon: in areas of traditional state activities congress cannot tell state to do something and interfere. violates 10th amend, sovereignty of state.
        
        Garcia:same Q.
        Cons: congress can tell state to do a min wage. because cannot define traditional activities.
        
        can congress tell states to enact laws AS THEIR OWN STATE LAW CANT commandeer? NO
        Can it give incentitives to states to enact a law? YES
        
        Prince: until fed program in place the fed law made police to make investigations for a gun holder.
        states does not want to execute fed law
        Uncons: invaded state sovereignty. lack of use historically. states cannot be instruments to carry out fed programs.
        
        Taxation Power: 1. motive to raise revenue 2. tax a matter that is necessary and proper. cannot regulate and punish at same time
        
        Spending Power: congress controls purse strings and spending of money BUT must be unambiguous so that states can knowingly decide whether to accept or reject the conditions, and the spending provision must be related “to the federal interest in particular national projects or programs.”