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Unformatted text preview: Dual Federalism 04:46 Dual Federalism Constitutional Decentralization State and national governments are equal and independent units . Each distinct responsibilities. Neither should interfere with the work of the other. Job of courts is to enforce that separation . Doctrine of dual federalism contains three distinctions that threaten to limit scope of federal regulatory power Commerce vs police powers. Interstate commerce vs. intra state commerce. Commerce vs production. Commerce power Regulatory authority over economic activity of citizens Police powers Regulatory authority over health, safety, good morals of citizens US constitution only grants fed government regulatory powers over economic activity Interstate vs. intra state commerce Constitution limits congresss regulatory reach to interstate commerce Economic activity had to cross state lines or involve transactions b/w individuals of different states Definition of commerce Transportation; commercial intercourse (buying and selling) What goes on at point of production inside the manufacturing plant of business unit is none of congresss business Example of distinction between commerce and production Leakage of hazardous materials in interstate commerce Under what conditions does 19 th century federal government have jurisdiction to regulate this problem? If leakage is a function of the way containers are handled or stored during process of shipment across state lines Thats a problem in the transportation of goods thats commerce thats interstate commerce congress can regulate that activity under the commerce clause If leakage is a function of the way containers are manufactured prior to transport across state lines Thats a production problem Production is always located within the boundaries of a single state Thats police powers matter for the state Congress cant regulate Advocates of federal regulation slowly chip away at these distinctions ( commerce power/police power; commerce/production) Federal pure food and drug act of 1906 o By early 20 th courts say commerce clause gives congress authority to regulate the quality of goods in interstate commerce Congess has constitutional interest in volume of interstate commerce Quality of goods affects quantity of goods (volume) Example US v EC Knight (EMPIRICAL) o American sugar refining company charged with attempt to monopolize production of refined sugar o Court says no Production is not commerce Because production is wholly internal to a state, citizens must turn to states for relief....
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