Here are some questions that I answered for a student:
Provisions of Constitution authorizing protection of the environment:
Remember that the Constitution authorizes the federal government to do certain things. These include:
- regulation of interstate commerce,
-relations with foreign countries(treaty power),
-defending the U.S., and
-determining how to use lands owned by the federal government.
The treaty power is foreign relations- establishing agreements with foreign countries. States are not allowed to do this (pre-emption); only the federal government.
Thus, a treaty can be signed between the U.S. and Canada to protect a species for any reason.
States may not have their own armies and navies. This is solely a federal responsibility. This "defense" power means that the federal government can decide to build an interstate freeway system so that the army can move quickly around the country.
Restrictions on Federal Government Environmental Actions:
The amendments (starting with the Bill of Rights) to Constitution include restrictions on how the federal government exercises its powers. For the purposes of environmental law, the four areas are:
-takings
-equal protection
-due process, and
-delegation.
How is this related to equal protection?
T: Equal protection means that the federal government must treat citizens in the same situation in the same way.
Thus, you might argue that it is a denial of equal protection to regulate canoes on an interstate river, like the Truckee (it flows from California into Nevada), but not regulate rafts or kayaks.
How is this connected to due process?
T: In implementing a law the federal government must act fairly. For any question on the final, this means that someone affected by a regulation must be given notice of the regulation, that they have a right to comment, and that the decision maker must be fair.
What is delegation?
T: in passing a law, Congress must provide enough detail for the agency administering the law to know what to do. On the final, for any problem involving contesting a federal regulation, you simply say that Congress passed a law that is too vague, and did not provide sufficient direction to the administrative agency.
Provisions of Constitution authorizing protection of the environment:
Remember that the Constitution authorizes the federal government to do certain things. These include:
- regulation of interstate commerce,
-relations with foreign countries(treaty power),
-defending the U.S., and
-determining how to use lands owned by the federal government.
The treaty power is foreign relations- establishing agreements with foreign countries. States are not allowed to do this (pre-emption); only the federal government.
Thus, a treaty can be signed between the U.S. and Canada to protect a species for any reason.
States may not have their own armies and navies. This is solely a federal responsibility. This "defense" power means that the federal government can decide to build an interstate freeway system so that the army can move quickly around the country.
Restrictions on Federal Government Environmental Actions:
The amendments (starting with the Bill of Rights) to Constitution include restrictions on how the federal government exercises its powers. For the purposes of environmental law, the four areas are:
-takings
-equal protection
-due process, and
-delegation.
How is this related to equal protection?
T: Equal protection means that the federal government must treat citizens in the same situation in the same way.
Thus, you might argue that it is a denial of equal protection to regulate canoes on an interstate river, like the Truckee (it flows from California into Nevada), but not regulate rafts or kayaks.
How is this connected to due process?
T: In implementing a law the federal government must act fairly. For any question on the final, this means that someone affected by a regulation must be given notice of the regulation, that they have a right to comment, and that the decision maker must be fair.
What is delegation?
T: in passing a law, Congress must provide enough detail for the agency administering the law to know what to do. On the final, for any problem involving contesting a federal regulation, you simply say that Congress passed a law that is too vague, and did not provide sufficient direction to the administrative agency.