did congress grant fed cts to hear
this type of claim?
did congress take away jursidction
before a decision was reached?
Is this original or appellate
Yes. - apply McCardle. Congress
has power to take away
jursidiction under the exce
(power to regulate)
(1) activtiies that substantially
affect interstate commerce
heart of atlanta
US v Morrison
(2) channels of interstat
Is congress silent on this issue the state
has chosen to regulate?
No, the dormant commerce clause does
not apply. Preemption may.
Is the law facially discriminatory?
No, the law is not discriminatory but
Does the statute serve
Commerce power, Art 1, sec 8
Congress can regulate commerce w/ foreign nations, among states, indian tribes
a (1) congress can regulate the channels of interstate commerce
Places where commerce occurs (highway, internet, waterways)
a (2) congress ca
Power originates from the people
Purpose of constitution
o Establish justice, insure domestic tranquility, provide for the common defense, promote
general welfare and secure the blessings of liberty to ourselves and our success
o Powers of the go
Protects religious freedom by prohibiting est. of an official or exclusive church or sect.
o Limited for reasons of defamation, obscenity, censorship during wartime
Freedom of assembly
Freedom of marching, picketing, and