PSCI 317 Constitutional Law I Study Guide 2023 PDF
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2023
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This is a study guide for PSCI 317 Constitutional Law I, Test 3, 2023. The guide covers various constitutional concepts and cases, including Dual Federalism, Commerce Clause, Supremacy Clause, Tenth Amendment, and the Interstate Commerce Act. It also poses questions for students to test their understanding of these legal concepts.
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PSCI 317 Constitutional Law I Study Guide for Test 3 2023 This is only a guide. Not all test questions are contained herein not is everything here on the Test. You are responsible for all of Chapters 6, 7 and 8, of Epstein, McGuire and Walker. You should understand the following terms and be able t...
PSCI 317 Constitutional Law I Study Guide for Test 3 2023 This is only a guide. Not all test questions are contained herein not is everything here on the Test. You are responsible for all of Chapters 6, 7 and 8, of Epstein, McGuire and Walker. You should understand the following terms and be able to discuss them and cite examples of cases where the terms were important: Dual Federalism Cooperative Federalism Commerce Clause Necessary and Proper Clause Supremacy Clause Police Power Tenth Amendment Sherman Anti –Trust Act Interstate Commerce Act What is the significance of and the general proposition for the following cases? Gibbons v. Ogden (1824) Swift & Co. v. U.S. (1905) A.L.A. Shecter Poultry v. U.S. (1935) Champion v. Ames (1903) Printz v. U.S. (1997) Wickard v. Filburn (1942) N.L.R.B. v. Jones & Laughlin Steel (1937) U.S. v. Darby (1941) Hammer v. Dagenhart (1918) Scott v. Sanford (1857) Gonzales v. Raich (2005) N.F.I.B. v. Sebilius (2012) Carter v. Carter Coal (1936) U.S. v. E.C. Knight Co. (1895) Pollack v. Farmers Loan & Trust (1895) Hylton v. United States (1881) Bailey v. Drexel Furniture (1992) South Dakota v. Dole (1987) National Federation of Independent Business v. Sebelius (2012) Where in the Constitution is the power to tax? What does the provision provide? Are taxes permitted on exports or imports? What is the importance of the Sixteenth Amendment? What is the history behind its adoption? What are ways that governmental units raise revenue? Can states tax the federal government or the federal government the states? Why or why not? For what reasons can taxes be imposed? What, if any, constitutional limits exist on imposition of taxes? Are there any limits on a federal spending statute? If so, what are they? Understand and be able to articulate the various positions the Court has taken on dual and cooperative federalism and how the Court’s interpretation has changed over time. Understand and be able to articulate the changes in interpretation of the commerce clause by the Court. What is the current status of commerce clause interpretation? What is the current status of federalism? What did President Roosevelt propose regarding the Supreme Court, what was the public reaction and what was the result? What distinction if any has the Court found between economic and non-economic (police power/general welfare) factors in deciding commerce clause cases? Be able to give examples. What was difference between Raich and Lopez decisions? In which cases does the Supreme Court find the commerce clause power most expansive? Consider both economic and non-economic cases. Why is the commerce clause considered to be so important in Supreme Court jurisprudence? Consider how you, as a Supreme Court justice would rule on a commerce clause case. Be able to draw upon the cases contained herein to set forth a position that is grounded in commerce clause precedence. What factors have influenced the Supreme Court’s decision making in both Federalism and Commerce Clause cases? What is the difference between interstate and intrastate? During the late 1960s the Court seemed to use the commerce clause very broadly. Finally, some justices began to dissent. What kinds of cases did these dissents appear?
