Constitutional Law - Collins 2006- Mazzuca

Constitutional Law - Collins 2006- Mazzuca - Deciding...

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Deciding whether a statute is valid; a hierarchy of the three branches and state governments I Judicial review (Judiciary vs. Congress or Executive) A Court has power to invalidate acts passed by legislature and executive when they are in conflict with the Constitution (Marbury v. Madison.) B It is the judiciary’s job to interpret the Constitution. C Justiciability is required for the statute to go to the Court 1 There must be a conflict (unlike George Washington asking Court for advice.) 2 The parties must be adverse II Jurisdictional limits on Court 1 Supreme Court’s jurisdiction is defined in the Constitution a Supreme Court has power over state courts (Martin v. Hunter’s Lessee) (Federal Judiciary vs. State Judiciary) 2 Congress creates the jurisdiction of all other Federal courts (Congress vs. Judiciary) III Enumerated powers of Congress-when one of these powers is present, Congress’s rule preempts any States’ rule. (Congress vs. States) A Commerce Clause (Art. I, § 8 pt. 3) 1 Congress can regulate any aspect of commerce that affects more than one state. (Gibbons v. Ogden-federal statute preempts NY law for movement of people.) 2 No area of interstate commerce is reserved for state control 3 Substantial effects test (used from 1880-1937) a Civil Rights Cases i Congress could only regulate state action, not that of private business owners (Heart of Atlanta) b Before 1937, the Court considered production to precede interstate commerce and retail to come after interstate commerce, so Congress could not regulate these areas. 4 1937-1995 No Federal statute was found to be invalid unconstitutional under the Commerce Clause. a Regulation of Markets (Wickard v. Filburn-growing wheat for personal use is properly regulated by Congress) b Regulation of Criminal Codes (interstate travel of lottery tickets is properly regulated by Congress) 5 1995-present Economic limits on Congress’s power to regulate under the Commerce Clause a Three categories that Congress can regulate i Channels of interstate commerce (highways) ii Instrumentalities of interstate commerce (RR workers) iii Substantial relation to interstate commerce (has to be economic in nature) (Morrison: Congress couldn’t claim that gender motivated violence had an effect on interstate commerce in order to regulate it under this enumerated power.) B Tax and Spend Power (Art. I, § 8, pt. 1) 1 Congress can use its power to tax and/or its power to spend for the general welfare to regulate state activity. 2 It must be a valid tax and not a coercive measure (NY v. US Nuclear waste regulation; take title provision) 3 Germaneness test must be met. (SD v. Dole drinking age; highway funds) IV State immunity from Federal Regulation (State vs. Congress)
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A Analysis: 1 Which enumerated power is Congress invoking 2 Does it infringe upon state sovereignty guaranteed under 10 th Amendment B Public/Private distinction: 1 Private activities may not be regulated by Congress (Garcia v. SAMTA) 2 Public activities may be regulated by Congress
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Constitutional Law - Collins 2006- Mazzuca - Deciding...

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