Test 1 Lecture Notes Flashcards
The constitutional powers of the government
-First: Articles of confederation
- Power remained with the states
- But there were serious problems-trade and commerce, economic depression, debtors prisons, no way for country to get revenue (levying taxes).
- Convention was called to amend the Articles of Confederation, but instead we got a new constitution.
Federalism and the Separation of powers
-Some wanted power to remain with states, some in a central power. The Constitution created a compromise.
-Federal form of government
in which the national government and the states share power. This is a system of government in which the states form a union and the sovereign power is divided between a central government and the member states.
Some were afraid the federal government might use its powers arbitrarily- to prevent this federal government was divided into 3 branches
- Legislative Branch- Makes the laws.
- Executive Branch- Enforces the laws.
- Judicial Branch- Interprets the laws.
10th amendment- establishes that those powers neither delegated to the federal government nor denied to the states are reserved for the states.
system of checks and balances
- each branch has actions it can do to limit the other 2 branches power.
checks and balances (continued)
- Congress enacts laws but president can veto.
- President is in charge of foreign affairs, but treaties require the advice and consent of the senate.
- Congress determines the jurisdiction of the Federal courts and the president appoints federal judges, with the advice and consent of the Senate, but the judicial branch has the power to hold actions of the other two branches unconstitutional
Commerce Clause
To promote continuity in trade and commerce among the states, the constitution expressly delegated to the Federal government the power to regulate interstate commerce.
commerce clause continued
- Commerce clause has greater impact in business than any other provision of the constitution.
- Article 1, Section 8 states that the congress has the power to “regulate commerce with foreign nations and among the several states and with the Indian tribes.”
- At first, the commerce clause was interpreted as being limited to interstate commerce (commerce among the various states) and not applicable to intrastate commerce (commerce within a particular state).
Gibbons V. Ogden
, Ogden worked for Fulton and New York gave Fulton a monopoly on steam navigation on the waters of New York. The U.S. government also gave Gibbons one.
In this case the U.S. Supreme Court held that commerce within states could also be regulated by the national government as long as the commerce substantially affected commerce involving more than one state.
-Wickard V.Filburn-
U.S. Supreme Court said yes in this case in 1942 reasoning that the home consumption of wheat reduced the demand for wheat and thus could have a substantial effect on interstate commerce.
- Basically, the Commerce Clause authorizes the Federal government to regulate almost every commercial enterprise in the U.S. and every major activity conducted by businesses.
- ex: hiring and firing, work place safety, competitive practices, competition for business, how businesses finances their operations, etc.
-Under the Commerce Clause, could Congress enact a law such as the Gun- Free School Zones Act of 1990, which banned possession of guns within 1000 feet of any school.
- 1995, court held this act was unconstitutional because it attempted to regulate an area that had nothing to do with commerce.
- First time in 60 years that U.S. Supreme Court ruled that congress has exceeded its regulatory authority under the commerce clause.
Heart of Atlanta Motel v. U.S.
- First half of 20th century racial segregation was allowed.
- 1964-Civil Rights Acts, prohibited racial discrimination in establishments affecting interstate commerce including places of public accommodation.
- Motel refused to rent rooms to African Americans
- Motel brought suit seeking to have the 1964 act declared unconstitutional.
- Motel argued that it was not engaged in interstate commerce but was “of a purely local character.”
- The Motel was accessible to state and interstate highways, advertised nationally, had billboards throughout state, had conventions from out of state groups (75% of the guests were residents of different states).
- Supreme Court upheld the act stating that African Americans experienced substantial discrimination in attempting to secure lodging while traveling, and this impeded interstate commerce.
- Even if a business is of a purely local character, if interstate commerce “feels the pinch, it does not matter how local the operation that applies the squeeze.”
- “The power of Congress to promote interstate commerce also includes the power to regulate the local incidents thereof, including local activities.”
• The Regulatory Powers of the States
• As part of their powers, states have the authority to regulate affairs within their borders. State regulatory powers are often referred to as police powers. These powers may be exercised to protect or promote: public order—criminal law enforcement
health
safety
morals
general welfare
• Ex: law enforcement, fire and building codes, anti-discrimination laws, zoning, parking regulations, etc.
Generally laws enacted pursuant to a state’s police powers carry a
strong presumption of validity
But the state law cannot substantially burden interstate commerce or it will be struck down as a violation of the commerce clause.
When state regulations affect interstate commerce, courts must balance the
state’s interest in the merits and purposes of the regulation against the burden placed on interstate commerce
• Raymond Motor Transportation, Inc. v. Rice
Wisconsin felt that trucks over a certain size endangered the public when on the roads so they limited the length of trucks traveling on their highways
U.S. Supreme Court struck down the regulation saying it substantially burdened interstate commerce and the contribution to public safety was speculative.
• Local governments derive their authority to regulate their community from the state because they are creatures of the state
• J.E. Goodenow v. City Council of Maquoketa, Iowa
2/3 of family farm on city party
at one time the city mowed all of its right of ways, including the grass and weeds between its streets and the edge of the property of other land owners
City enacted an ordinance to require the owner of the adjoining property to mow those strips
Goodenow’s farm included hard to mow ditches requiring special mowers costing tens of thousands of dollars and hundreds of dollars a month in labor costs to mow the ditches
Court ruled the Goodenows must comply with ordinance
–was a valid exercise of police powers
–done to keep weeds and grasses low to ensure an adequate views of the roads
–statute was enacted for public safety to prevent an unsightly and unsafe situation to the public
a law does not become unconstitutional because it works a
hardship, including substantial expenditures
- U.S. Constitution authorizes the national government to regulate interstate commerce
- U.S. Supreme Court has interpreted this to mean that the federal government has the exclusive authority to regulate commerce that substantially affects trade and commerce among the states. This is considered the positive aspect of the
commerce clause
• But a negative aspect of the commerce clause is also implied—that the states do not
have the authority to regulate interstate commerce.
this is referred to as the “dormant” or implied commerce clause
this comes into play when state regulations hamper interstate commerce
• Recent issues involving the commerce clause—regulation of the internet
Internet transfers speech and information all over the world
1) Is Cyberspace interstate commerce? Yes
2) Does the commerce clause restrict states from interfering with cyberspace activity? Yes
3) Can a state pass legislation requiring state libraries to filter the data their patrons could access over the internet from the libraries computers? No
• Court said no reasoning that the burdens on interstate commerce relating from the statute clearly exceed any local benefit derived from it.
• Recent U.S. Supreme Court Case
U.S. government can withhold federal money if
public libraries do not equip their computers with anti-pornography filters (even though the filters don’t just keep out porn) **Court rejected freedom of speech concerns
• Supremacy Clause
Article 6 of the Constitution provides that the Constitution, laws and treaties of the United States are the “Supreme law of the land.”
When a state law is in conflict with any of these it is invalid.
Because some powers are concurrent (shared by the federal government and the states), we must determine which law governs in a particular case. When Congress chooses to act exclusively in a concurrent area, it is said to have preempted the area.
Doctrine of Preemption—
a doctrine under which says certain federal laws preempt, or take precedence over conflicting state or local laws.
Courts when looking at preemption (whether Congress intended it on an issue)
—will see if the federal law regulating an activity is so persuasive, comprehensive, or detailed that states have little or no room to regulate— if so then preemption will be found.
—if a federal statute creates an agency on the issue—ex: NLRB—to enforce the law, then matters coming under the agency’s jurisdiction will likely preempt state laws.
