Constitution continued

Constitution continued - Constitution continued 1/26/10...

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Constitution continued… 1/26/10 Major areas of constitution to the business world o Commerce clause article 1 section 8 Enumerated powers clause Was to give more powers to the national government o Under the commerce clause=Congress has the power to regulate business in three areas. And only in 3 areas Foreign nations Commerce amongst the several states- interstate commerce clause Indian tribes Commerce amongst the several states o Congress can regulate the commerce amongst the several states o Meaning of this= Early 1800 Giddens vs. ogden Steamboat travel between new jersey and new York Who could tell the steamboat company what to do Commerce involving more than 1 state is therefore federal Intrastate belongs to the state interstate belongs to the national gov Doesn’t nessaceraly involve two states Only have to prove that your involved in interstate to get involved Early 1900 Nlrb vs jones and loftin steel
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Nlrb is the federal labor law Evert strikes or settle strike Nlrb tells the steel company how to handle their employees J and L steel was only involving 1 state Law says it doesn’t have to involve 2 states it just has to affect businesses out of state lack of shipping affects business trying to use or sell the steel Whicard vs filburd …. . a farmer Agriculture is highly regulated by the government Government could put allotment on farms 300 acres meant you could only grow 300 acres worth Whichard was told not to grow wheat Said he was not involved in interstate commerce Had his own wheat, planted it himself, harvested himself, ground it up himself, fed it to his animals All he has to do is affect other states commerce He didn’t buy feed therefore affect other states Therefore can regulate because of ability to stretch law Mcullough vs Maryland Mcullough is a bank teller that was Us was operating a bank in Baltimore State of Maryland taxed all banks in the state Sued for the 10 th commandment Any power not specifically given to the national government of specifically prohibited to the states. Then its reserved to the state or the people
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Doesn’t say that they can’t tax a national bank in the state of Maryland National gov says the necessary and proper clause o Says that the gov can do whatever is necessary and proper to carry out the above and forgoing power. o Says its necessary and proper to work the bank o John marshall and supreme court agreed Maryland wants to protect the slaves institution o Could have abolished slavery at anytime Civil war fought over states rights o State can’t leave the union South was pissed because they didn’t have any rights Couldn’t vote Jim crow laws o Keep none whites as second class citizens 1976 Pleassade vs. fergeusan First to fall was texas law o Had a white primary o Had no such thing as republican it was death to be a republican
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This note was uploaded on 03/08/2010 for the course MGMT 209 taught by Professor Swim during the Spring '08 term at Texas A&M.

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Constitution continued - Constitution continued 1/26/10...

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