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8 10th Amendment
Enumerated powers Powers not granted to the national government are reserved to the States respectively or to the people Congress shall have the power to regulate Commerce among the several States. 1. Congress may regulate the use of channels of interstate commerce. 2. Regulate instrumentalities of interstate commerce. 3. Necessary & Proper Clause + Commerce Clause = authority to regulate any economic activity that has a substantial relationship with interstate commerce or that substantially affects commerce. (substantial affects test)
United States v. E.C. Knight Co.
Article 1, Sec. 8 : Power to Regulate Interstate Commerce “Commerce” any activity involved in the commercial exchange of goods and services; and the marketing, purchase, and transportation of those goods is not. “Interstate” commercial exchanges that involve activity occurring in more than one state. “Regulate” power to prescribe the rules under which commerce shall be transacted including the power to prohibit particular transactions.
Gibbons v. Ogden United States v. Darby
Exclusive State enclave since the activity is inherently local in nature. (ex. manufacturing, agriculture, mining, production) Darby adopted the substantial affects destroyed the test. Darby court enclave theory and the notion that certain activities were automatically off limits to fed reg. Pursuant to Commerce Clause and the N&P Clause congress may regulate any local economic activity that substantially affects interstate commerce.
Congress could have reasonably concluded that racial discrimination by motels serving interstate travelers substantially affected interstate commerce. v. McCulloch v.Necessary and Proper Clause (Art. (2) let it be within the scope of the constitution. 8) “(1) let the end be legitimate. Maryland Commerce Clause & Civil Rights Congress has used the commerce power as a source of gov’t authority to prohibit various forms of discrimination. Constitution vested Congress authority to select reasonable means to exercise its constitutional responsibly. Sec. US Katzenbach v. McClung Structural Argument: Constitution is a foundational charter it created a system of government designed to address problems of national concern. Heart of Atlanta. Specific grants of power could not outlines government’s authority but could not describe details of future contingencies. and (3) all means which are appropriate (4) which are plainly adapted to that end (5) consistent with the letter and spirit of the constitution “ As a means to execute all constitutionally granted powers. 1. 46% of the food it served was purchased from a local supplier who had procured it form outside .
Lopez United States v. . Morrison rejected the argument that Congress may regulate noneconomic. To come in the realm of economic activity one of two standards must be satisfied: either the activity being regulated must itself be properly characterized as economic in nature or the regulation of the activity must be “an essential part of a larger regulation of economic activity” Becomes a general police power reserved for the States. United States v. legislation regarding that activity will be sustained. Where “economic activity” substantially affects interstate commerce. citing evidence that racial discrimination by restaurants had a depressing effect on the economy. violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerce. Congressional hearings.Commerce Clause on Noneconomic activity Sufficiently substantial relationship or substantial effect validates the exercise of power. Morrison the State.
Kahriger revenue is generated by the law at issue.Activity that is within both Commercial and noncommercial activity. Gonzales v. Raich An activity may qualify as being “economic” in nature even though it is not itself “commercial” in that the goods are not produced for sale.” What is a Tax? 1) Does the measure operate as a Tax? Does it raise some revenue? 2) Is the Law Penal or Prohibitory? United States v. Davis South Dakota v. and consumption of commodities” –that embraced the respondent’s personal cultivation and use of marijuana. United States any measurable amount of United States v. Power to Tax and Spend (Art. to pay the Debts and provide for the common Defense and general Welfare of the United States. 8) “Congress may lay and collect Taxes. Child Labor Tax Case US v. distribution. Imposts and Excises. Economics refers to “the production. Duties. 1. Dole “Some revenue” Test: if Sonzinsky v. Sec. Constantine “Penal or Prohibition” . Butler Helvering v.
Spending Power “If the spending is directed toward the common defense or the general welfare then it Not coercive in Nature leaves the subject a “power of choice” United States v. Dole Spending Program was disguised effort to regulate production.Test: When in addition to the normal and ordinary tax fixed by law. an additional sum is to be collected by reason of conduct of the taxpayer violate of the law. Butler Buckley v. and the additional sum is grossly disproportionate to the amount of the normal tax. 2 reasons: 1) Program was not fully voluntary if the . 1. Sec. Limitations on the Power to Tax (Art. Valeo South Dakota v. the conclusion must be that the purpose is to impose a penalty as a deterrent and punishment of unlawful conduct. 8) Taxes must be geographically uniform thought the US in the sense that the tax must operate “with the same force and effect in every place where the subject of it is found.
San Antonio Metropolitan Transit Authority. “commandeered” into federal service. Garcia returned the 10th Amendment to the “truism model” Congress can directly regulate the states as part of a broader federal regulatory scheme that also regulates private conduct.” Federalism The government is shared by 2 sovereigns. New York promote . one national. National League of Cities v. They were being treated as administrative agents of the federal government. New York v. Usery (5-4) overruled by Garcia v.falls within the authority granted by the power to tax and spend” In practice the Court has left it to Congress to determine the scope of “general welfare. Although the Fair Labor Standards Act fell within the scope of commerce power. Such a coercive invasion of state sovereignty violated principles of federalism and the 10th Amendment. The principle of federalism may function as an independent check on the exercise of a granted power. the other state. Rule of construction that limits the defined scope of constitutionally granted powers. farmers refused to accept the government’s offer they would be placed at a substantial competitive advantage. United States resurrected National League of Cities Federalism as a check on national power. The court held that the enforced application of the FLSA to the state violated the principle of federalism invaded state sovereignty.
Power to tax was the power to destroy. 2) If the state law disrupts a federal program. Maryland Gibbons v. New York could not prevent vessels licensed by the federal government from engaging in the coastal trade on the navigable waters of NY. McCulloch v. the state law must give way to federal law. (preemption case) . Take-title provision essentially gave states 2 options: take title or regulate according to the congressional scheme. Ogden availability of disposal sites for low-level radio active waste. The fed govt and its instrumentalities are immune from stateimposed interference.Supremacy Clause Article IV State law must conform to the dictates of the Constitution and yield to constitutionally valid federal law whenever a conflict between the two arises. 2 Categories: 1) When there exists a potential conflict between federal and state law. If a conflict is established the federal law is said to preempt state law.
there is express preemption and any state law contrary to that express design will be preempted. describes the extent to which a federal enactment preempts state law. 3) Field preemption. National Solid 1) Express preemption. if a state law operates within a field of law that congress intends the federal government to occupy exclusively. the state law will be preempted . when state law clashes with fed by imposing inconsistent obligations on affected parties by interfering with the objectives of the fed scheme. Wastes Management congress expressly Assoc. 2) Conflict preemption.The Preemption Doctrine 3 Circumstance: Gade v.
***Separation of powers issues often pose special problems of standing and ripeness One branch has “usurped” or “encroached” upon the functions of another. United States Immigration and Naturalization Service v. 2) structural or functional approach: arise if one branch aggrandizes itself by encroaching upon or usurping functions. These limitations exist not for the benefit of each branch as such. executive.Separation of Powers Constitution divides powers of the national government among 3 different branches: legislative. but as a means of safeguarding the rights of individuals. it is irrelevant whether or not the encroached-upon Branch approves. “Unwarranted encroachment by the other branches” Violated where one Branch invades the territory of another. Chadha United States v. Nixon Youngstown Sheet & Tube Co. Youngstown arguably left open the question of whether the President may exercise lawmaking power in a national emergency to deal with contingencies Congress has not had an opportunity to address. Bush New York v. . v. Rumsfeld 2 different types of arguments: 1) involves textual approach: a textual separation of powers argument would arise if any of these provisions were violated. Article I: Legislative powers Article II: Executive powers Article III: Judicial Power Boumediene v. judicial. Sawyer Hamdan v.
to promulgate sentencing guidelines from the federal courts. and to cancel any new limited tax benefits. The Line Item Veto Could be exercised by the President to cancel items of new spending to rescind any dollar amount of discretionary budget authority. Supreme court declared the Line Item Veto Act unconstitutional because it gave the President practical and legal authority to amend acts of Congress by unilaterally repealing portions of it.The Nondelegation doctrine (separation of powers) `Justices have routinely upheld statutes that confer lawmaking authority on the executive branch and even on the fed judiciary. Clinton v. an independent entity within the judicial branch. New York . Congress often lacks the time and expertise to develop intricate rules and regulations for many areas covered by federal regulation. United States Upholding law authorizing Sentencing Commission. Violated the “finely wrought” lawmaking procedure. Mistretta v.
(1) The nature and extent of the official’s duties and whether or not they include policymaking functions. Olson Officers (Classifying Article II. involves an adjudicatory function traditionally performed by the courts or by administrative agencies within the executive branch. Sec. 7: had made its own Bicameralism mandates determination that that a legislative act of Chadha did not comply Congress must be with certain statutory approved by both House & criteria. Sec. The type of Senate.g. action. The Appointment of Fed Appointments Clause of Morrison v. the House Article I. in which an existing statutory rule is applied to the facts of a particular case.The Legislative Veto Instead of adopting a general rule. (2) the amount of independence and source of supervision –e. Sec. 2 provides Particular Government that principle officers Positions) must be appointed by the Prez “with the Advice and Consent of the Senate” The Appointments Clause of Article II. 2 also gives Congress a menu containing 4 options for the appointment of inferior officers. to a principle officer. House of Representatives passed a resolution blocking the attorney general’s decision to suspend the deportation of an alien. or to someone lower in the government hierarchy –and (3) the . This “oneHouse legislative veto” amounted to legislative action because it affected the rights and duties of both the alien and the attorney general. whether the official answers directly to the President.
. Upholding President Lincoln’s decision to declare a blockade of southern ports without a formal declaration of war from Congress.Declaring War & Initiating Hostilities By the Constitution Congress alone has the power to declare a national or foreign war. The Prize Cases position’s tenure in terms of whether it is continuing. He does not initiate the war. but if a war be made by invasion of a foreign nation. temporary. but if a war be made by invasion of a foreign national or foreign war. the President is not only authorized but bound to resist force by force. and the circumstances under which the official may be removed. but is bound to accept the challenge without waiting for any special legislative authority. or intermittent.
candor with a concern for appearances and for their . those communications is who advise the President qualified rather than may feel a need to temper absolute. Jones officials have qualified immunity from Civil Damages Actions based on their having violated a person’s constitutional or statutory rights. the primary rationale for the immunity doctrine to –i.e. The executive’s ability to function would be severely impaired if federal officers knew that any action on their part was later determined to have been unlawful would expose them to personal damages liability.Executive Immunity: Immunity from suit Fed executive branch Clinton v. Not only would such a rule be unjust. but “the threat of such liability The President’s absolute immunity from damages liability for acts within the “outer perimeter” of his official duties does not extend to lawsuits arising from conduct that occurred before the Prez took office. which was “based only on the generalized interest in confidentiality…cannot prevail over fundamental demands of due process of law in the fair administration of criminal justice. Since the suit did not involve any of Clinton’s official duties as President. avoid rendering the President “unduly caution in the discharge of his official duties” President’s presumptive privilege. Executive Privilege for Presidential Communications This privilege for presidential conversations and correspondence reflects the reality that The executive privilege for without some assurance presidential of confidentiality..
A trucking company challenging the Iowa statue . Rationally related to a legitimate state purpose? 2. Five Justices rejected balancing in health and safety cases. or whose effect is to control out-ofstate transactions. A plurality used the less burdensome alternative challenge to strike down an Iowa law that barred trucks longer than 55 ft from using the state’s highways. Are there burdens on interstate or foreign commerce? 5. Consolidated Freightways Corp. Practical effect of regulating out-of-state transactions? 3. as long as the benefits to the state are not trivial or illusory. 2. 3. Laws that do not discriminate against.own interests to the determent of the decision making process Dormant Commerce Clause 3 Types of Laws at Issue: 1. Court appears unwilling to use the balancing test in any case where the challenged law confers actual benefits to the state. If law discriminates is it the least discriminatory means? 4. Must meet 1of 5 Judging constitutionality: 1. Is it the least burdensome means for the state to achieve it’s goal? Kassel v. Laws that discriminate against interstate commerce. but nonetheless burden interstate commerce. Where Congress has not legislated under the Commerce Clause and the clause thus remains dormant. Laws whose purpose is to regulate interstate commerce.
Economic Protectionism Reasonably Adapted/Rational Basis Test: Deferential in making this determination. New Jersey All pasteurized milk sold in the city had to have been pasteurized in WI and none could have been outside the state. . City of Madison: General Motors Corp. Dean Milk Co. safety. It is the regulatory effect on wholly out of state activities that is critical 3. v. Tracy Philadelphia v. Practical effect of regulating out-of-state transactions? State law must not have the purpose of regulating interstate commerce.Dormant Commerce Clause Violation 1. 2. v. all of which were local entities. Under their police powers the states may regulate and tax for the health. Because the markets were distinct. NJ could have adopted a less discriminatory alternative of “slowing the flow of all wast into the State’s remaining landfills rather than imposing on out-of-state commercial interests the full burden of conserving the State’s remaining landfill space. If law discriminates is it the least discriminatory means? If the purpose of the discriminatory measure is economic protectionist (if it is designed to shield local interests from out-of-state competition) then the law Legitimate State Purpose: Enacted for a purpose or goal that falls within the state’s so-called police powers. morals. Burden was disproportionate GM Court rejected a claim that Ohio had discriminated against interstate commerce by giving a tax exemption to regulate natural gas production companies. and general welfare of the public. Not Legitimate: 1) Purpose of regulating interstate commerce. Rationally related to a legitimate state purpose? 1) Law must have a legitimate purpose or goal and 2) the means chosen by the state must be reasonably adapted to attaining that end. 2) state may not enact a law for the purpose of shielding local interests from the effects of interstate competition.
Practical effects is to place greater burdens on out-of-state interests than on their local competitors. In theory the state could cure this discrimination in either two ways: 1) It could increase the burdens on local commerce 2) it could reduce the burdens on interstate commerce.is invalid per se. . for benefits are measured in terms of the law’s goal. Is it the least burdensome means for the state to achieve it’s goal? Balancing Test: 1) identify the purpose of the regulation in question. 3 Types of Discrimination: On it’s face. 2) benefits would be measured in terms of the extent to which the law actually protects consumers. or as applied Dormant Commerce Clause Violation 4. Are there burdens on interstate or foreign commerce? 5.
Basis State Sovereignty. Market forces will constrain a state’s tendency to act in an economically irrational way by favoring its own citizens. it restricted sales to residents of South Dakota. (The Dormant Commerce Clause) New York v. Stake Low level radioactive waste policy amendments act of 1985 that authorized states with federally approved waste sites to discriminate against interstate commerce by rejecting waste from states that had not conformed with the Act’s guidelines A state-owned cement plant. When the state grants tax credits or tax exemptions. v. New Energy Co. it is not directly involved in the market as a buyer Reeves. IF the court . Because the state was acting as the seller of goods the clause did not come into play.Congressional Consent Consent must be clear and unambiguous. and the state is except from the restraints of the dormant Commerce Clause. United States Market Participant Doctrine The Dormant Commerce Clause applies to the states only when they tax or regulate private trade in the national market place. or Indiana v. Inc. Tax Credits and Tax exemptions are never eligible for market participation exemption If a state instead enters the marketplace as a participant. Limbach Invalidating Ohio tax credit that discriminated against out-of-state companies. its actions are treated as being like those of a private party.
. were to treat tax credits and tax exemptions as the equivalent of subsidies this could result in a “dramantic expansion of the market participant exception. but instead acts in a sovereign capacity.or a seller.
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