Mie 305 Exam 2 Questions And Answers

basic structure of the constitution {Ans: -preamble -7 articles -27 amendments -articles are original, amendments are specific things that have been changed over time}key question in a dormant commerce clause case {Ans: Is a state or local government using its police power in such a way as to punish, discriminate, or otherwise unlevel the commercial playing field against out of state parties just because they are not from that state?}judicial review {Ans: the doctrine that allows the federal courts to determine whether acts by the federal government or the state governments conform to edicts of the constitution}concurrent power of government {Ans: powers that are exercised by both federal and state governments -examples: ability to tax a business, power off government to spend money}common elements of dormant commerce clause {Ans: -State has used its regulatory (police) power to discriminate against certain articles in the interstate commerce to an "appreciable extent" -The discrimination is based primarily or exclusively on the origin (state) of the articles -The discrimination favors in state interests to the detriment or exclusion of out of state articles -Congress has not acted either to sanction or to prohibit the discrimination using its commerce powers}15th