B-Law Exam 1 Outline - B-Law Outline Week 3 Business and...

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B-Law Outline Week 3 – Business and the U.S. Constitution I. Enumerated Powers a. Collect taxes (1) b. Borrow money (2) c. **Regulate commerce between states** (3) d. Bankruptcy & naturalization (4) e. Coin money (5) f. Punish counterfeiting (6) g. Establish post office (7) h. Promote progress of science and arts (8) i. Establish lower courts (9) j. Punish pirates on seas (10) k. Declare war (11) l. Raise and support an army and navy (12-16) m. Establish District of Columbia (17) n. Make low and carry out all of the above (18) II. Federal authority to regulate VS. Right of states to regulate a. Federalism: i. Legal relationship between the states and the federal government b. Regulatory Powers of States i. 10 th Amendment: 1. “Powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved for the respective states, or the people” a. “Police Powers” 2. Power to regulate a state’s: a. Health, safety, welfare, and morals c. *Commerce Clause 1. Article I, Section 8 of Constitution ii. “Congress can regulate commerce with foreign nations, among the several states, and with Indian tribes” d. Gibbons Vs. Ogden (1824) 1. Chief Justice John Marshall (1801-1835 – longest serving as chief) interpreted ii. Created the interstate vs. intrastate doctrine 1. Had no immediate influence on the US e. Affection Theory i. NLRB vs. Jones and Laughlin (J+L) Steel Company (Pittsburgh, strikes… “its steelmaking had no movement, therefore didn’t affect interstate commerce) 1. SCOTUS: Congress can regulate anything that affects interstate commerce 2. Became known as “Affection Theory” ii. Wichard vs. Filburn: further defined bounds of affection theory
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B-Law Outline 1. Facts: Ohio wheat farmer violated Agri. Adjustment Act, all wheat he grew was consumed by family and farm animals 2. SCOTUS: might not directly affect interstate commerce, but in the aggregate, may have a substantial effect a. Signaled willingness to broadly apply affectation theory (SCOTUS) f. ***Commerce Clause Analysis g. Gonzales vs. Raich (2005) 1. California Compassionate Use Act (1996) conflicts with federal law ii. Commerce Clause Controlled Substances Act DEA Rule iii. Congress does not exceed power to regulate intrastate commerce if it affects govt’s ability to regulate interstate activities iv. Does law present a substantial effect (undue burden) on interstate commerce? 1. Yes (high demand in interstate market, substantial effect on S+D in the national market) III. Generalizations about U.S. Constitution as a Source of Law a. No legislation (statutes, codes, ordinances, etc.) passed by Congress, state leg. or local govt’s can conflict with the Constitution b. Bill of Rights limit legislation – rights to the people which govts cannot infringe upon c. Final say over what Constitution means: Supreme Court i. Judicial Review IV. Judicial Review of the U.S. Constitution i. Constitutional amendment overturned only by another amendment to the constitution b. Requirements?
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  • Fall '13
  • Maull
  • i., B-Law Outline

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