SportsFan wrote:Oh, and for con law, is the test in Dole basically the only thing I need to know for the 10th amendment? And Sibelius, if theres a question on a mandate? Otherwise, Congress can pretty much spend for whatever they want under the "general welfare" idea of Butler, right?
Dole? That's for the spending power.
For 10A our class covered Garcia v. SA MTA, and Gregory v. Ashcroft for command-based regulation of state actors, and NY v. US and Printz v. US for commandeering.
No idea what Butler is, but yes the spending and taxing power gives Congress enormous latitude in enacting legislation that otherwise couldn't be enacted under the CC.
If you have a Q on the ACA, I'd imagine Sibelius would be clutch. Though, I'm not sure why they would be asking you to basically just regurgitate Roberts and Ginsburg. I think the only real takeaway from NFIB is the activity-inactivity distinction. Otherwise, you follow the framework laid out by Lopez/Morrison/Raich.