Bus Law Chapter 4 Notes

Bus Law Chapter 4 Notes - 1) FEDERALISM a) Federal...

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1) FEDERALISM a) Federal Government: A form of government where states form a union and the sovereign power is divided between the national government and the various states. b) The Privileges and Immunities Clause: Article IV of the U.S. Constitution provides that “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” i) In other words, a state may not treat citizens of other states differently from citizens of its own state without a substantial reason that is substantially related to the purpose of the rule. c) The Full Faith and Credit Clause: Article IV also requires the states to afford “Full Faith and Credit . . . to the public Acts, Records, and judicial Proceedings of every other State.” i) As a consequence, rights established under deeds, wills, contracts, and the like in one state must be recognized by other states. ii) Likewise, a judgment of a court of competent jurisdiction in one state must be recognized and enforced by the courts of another state. 2) CHECKS AND BALANCES a) Tri-Partite Government: The national government of the United States of America is composed of three separate branches, each of which acts as a check on the others’ power: i) The Executive Branch ( i.e. , the President), which has the power to veto legislation passed by Congress and to appoint the members of the Judiciary; ii) The Legislative Branch ( i.e. , Congress), which may override the President’s veto and which may define the jurisdiction of the Judiciary and must confirm Judiciary appointees; and iii) The Judicial Branch ( i.e. , the Supreme Court and the federal court system), which has the power to void the acts of the Executive and Legislative branches because they are unconstitutional.
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3) THE COMMERCE CLAUSE a) Commerce Clause: Article I, Section 8 of the U.S. Constitution empowers Congress “[t]o regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.” b) Interstate and Intrastate Commerce: Since 1824, the Supreme Court has interpreted the Commerce Clause to permit Congress to regulate both i) Interstate Commerce ( i.e. , commerce between two or more states) and ii) Intrastate Commerce ( i.e. , commerce within a single state), iii) as long as the intrastate commerce at issue “substantially affects” interstate commerce. 4) THE REGULATORY POWERS OF THE STATES a) Police Powers: As part of their sovereign powers, states possess the power to regulate private activities in order to protect or promote public order, health, safety, morals, and general welfare. b) Balancing the Commerce Clause with the States’ Police Powers: When state regulations impinge on interstate commerce, courts must balance the state’s interest in the merits and purposes of the regulation against the burden that the regulation places on interstate commerce. Generally speaking, i) state laws enacted pursuant to the state’s police powers are presumed to be valid notwithstanding their effect on interstate commerce; however,
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This note was uploaded on 10/04/2008 for the course LAW 301 taught by Professor Kramer during the Spring '06 term at New England Law.

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Bus Law Chapter 4 Notes - 1) FEDERALISM a) Federal...

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