BLS BOOK NOTES - BLS BOOK NOTES Chapter 5 Federalism...

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BLS BOOK NOTES Chapter 5 Federalism : authority to govern is divided between the federal and state governments Judicial review : allows courts to review constitutionality of lower court decisions Supremacy clause : constitution, laws, and treaties are the supreme law of the land Concurrent authority : both governments have the power to regulate the same subject matter Federal preemption : federal government can decide to reign over the state government Commerce clause : Congress has the power to regulate commerce with foreign nations and among several states and with Indian tribes - 1937 NLBE v . Jones & Laughlin Steel Corp. Congress regulated labor laws because if the company stopped working it would hurt more than one state - 1995 United States v . Lopez Congress had violated clause with the banning guns within 1000 feet of schools b/c had nothing to do with commerce Police power : consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry Dormant commerce clause : restriction on states to pass laws interfering with interstate commerce - Daimler Chrysler v . Cuno Ohio could not offer tax credits to Chrysler South Dakota v. Dole : grants federal funds for highways only to those states with a drinking age of 21 Privileges and immunities clause : prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities Full faith and credit clause : the courts in all states uphold contracts and public acts established in other states Contract clause : no law can be passed that will unreasonably interfere with existing contracts - . Blaisdell authorized courts to extend redemption periods on mortgages, ruled the state was protected the welfare of its citizens Amendments 1. Freedom of Speech : freedom of speech, gestures, and press. Allowed the right to assemble peacefully and petition government - Political speech : corporations support political candidates or referenda—Citizens United v. Federal Election Commission determined that corporations are associates of citizens and therefore should have the same rights - Commercial speech : speech that conveys information related to the sale of goods and services—Central Hudson Gas & Electric v. Public Service Commission of NY created four part test: a) Concern an illegal activity or is misleading? b) Government interest served by restricting this speech? c) Does regulation directly advance government interest? d) Is the regulation more extensive than necessary? - Not protected: defamation (hurt someone’s reputation), obscenity, fighting words Freedom of Religion :
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- Establishment clause : cannot establish one religion - Free exercise clause : most commonly seen in workplace situations 4. Freedom from Unreasonable Searches and Seizures : cannot conduct searches or seize property without evidence - Search warrant
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This note was uploaded on 11/23/2011 for the course BLS 342 taught by Professor Miller during the Summer '08 term at Miami University.

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BLS BOOK NOTES - BLS BOOK NOTES Chapter 5 Federalism...

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