ANSWERING A CON LAW QUESTION

1. Whose action is challenged? 2. What is the source of authority? 3. Is there an external limit?

10th Amendment
Commerce
Congress Taxing Power*
Clause*

14th Amendment 11th Amendment

Spending Power*
Sec. 5*

*Consider N&P Clause may give extra power to

regulate something as an adjunct to a regulatory
framework promulgated under another, valid
head of legislative authority.

Youngstown - 3 zones - contrary to

Executive Branch Executive Power War Powers? will of Congress?

Foreign Policy? Recognition Power?

Dormant Commerce Clause

State
Equal Protection/Due Process [can
Congress step in using Sec. 5?]