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The Supremacy Clause in the Constitution makes federal law the supreme law of the land.In cases of express preemption, Congress creates a statute and specifically bans states from creating similar laws. The doctrine of implied preemption may also block states from creating valid laws even when Congress does not specifically prohibit such actions.
●Discrimination against interstate commerce○If Texas tried to pass a law that made it illegal to sell oil from Texas to buyers in other states, the law would fail for discriminating against interstate commerce.●Unduly burdening interstate commerce○States also cannot pass laws that create significant roadblocks to interstate commerce. The Internet has opened new frontiers in this area of the law as the Granholm v. Healdcase in the reading illustrates.Key Concept 4: Constitutional Liberties●In addition to setting up the government, the Constitution guarantees fundamental rights that may not be abridged. Everyone is at least reasonably familiar with the notion that we have a right to free speech and religious worship, a right to be free from unreasonable search and seizure, and a right to an attorney if we are accused of a crime.●All of the rights in the Constitution apply when the federal government commits a wrong. Also, many of them apply to states and local governments under the doctrine of incorporation, which uses the phrase due process in the 14th Amendment to stretch the application of many Constitutional liberties beyond the federal government as described in the reading assignment.●A final important background idea is that Constitutional rights generally do not apply when a person or private company mistreats someone. The Constitution's fundamental liberties are primarily designed to protect people from government tyranny and not from each other. Other kinds of laws, oftenstatutes, serve that function. Therefore, if the police refuse to let you peacefully protest, you may have a good free speech case. If you work for a corporation, and your boss will not let you express your opinions at the office, you probably do not.●We focus here on five of the most important Constitutional rights relating to business activity in this unit.●Privileges and Immunities○This clause in Article IV of the Constitution is used to prevent states from discriminating against citizens who live out of state in various ways.Nonresidents must be allowed to travel freely and access the courts, for example.●Free Speech
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Law, Supreme Court of the United States, Appellate court