BULE PART 2 CHAP 4, 19, 5

BULE PART 2 CHAP 4, 19, 5 - Supremacy Clause provides that...

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Supremacy Clause provides that the federal constitution as well as federal statutes & treaties shall be the supreme law of the Preempt federal regulation of a field is sometimes determined by the courts to prohibits state regulation on the theory that Congress intended to be the sole regulator of that field Preemption doctrine under which certain federal laws preempt or take precedence over conflicting state or local laws Commerce Clause provides governments the power to regulate business activities as follow: Congress Regulate international Commerce & Regulate Interstate Commerce, Can also regulate intrastate commence if it has substantial economic effect on interstate commerce Adjudication Judicial Branch Powers, dissolve disputes on a Federal/Constitutional based level Judicial Review Judicial Branch Powers, look after legislative branch rules and make sure they don't violate Constitution First Amendment Congress shall make no law. ..abridging the freedom of speech, obscenity & defamation not protected Political Speech politician/political process is vigorously protected, can be found illegal only if it is intended & likely to promote Commercial Speech designed to propose a commercial transaction. regulated more strictly than other speech & may be outlawed if false/misleading - 1st amendment Fourteenth Amendment - Equal Protection of the Law no state shall. ..deny to any person within its jurisdiction the equal protection of the laws, gov must treat people equally yet the courts permit distinctions among classes of people : Usually acceptable Sometimes acceptable based on gender are sometimes upheld, if there is a good reason Not acceptable based on race, ethnicity & fundamental rights are almost never upheld Due Process 5th & 14th Amendment, no person shall be deprived of life, liberty, property without due process of law Procedural Due Process (14th) requires gov, before depriving any citizen of their liberty/property, must observe certain procedures to ensure that the result is fair, advance notice of hearing, unbiased hearing to present opposing evidence Substantive Due Process (5th) focuses on the content of legislation, law promotes compelling state interest for public safety Corporate Constitutional Rights generally not entitled to the Fifth Amendment prohibition against self-incrimination or the right of privacy. Right of Privacy
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BULE PART 2 CHAP 4, 19, 5 - Supremacy Clause provides that...

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