Wickard was not located near a state line and wanted to grow wheat for own

Wickard was not located near a state line and wanted

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Wickard was not located near a state line and wanted to grow wheat for own consumptionSC disallowed because if he was allowed to do so, then everyone would be allowed to do so and this could have an appreciable effect in aggregateThis would have undermined Congress’ regulatory schemeConsequences - commerce includes almost anything remotely related to an economic activity - This reach is expansive Cases - Heart of Atlanta Motel, Gonzalez v. Raich, and Federationof Independent Businesses Heart of Atlanta - Very important! Gonzalez - first time we see rational basis Federation of independent businesses - Individual mandate does no regulate existing commercial activity (commerce clause not valid here!) Federal PreemptionA general principle of constitutional law that applies to any state-federal conflict. If a particular governmental power is exclusively federal, federal preemption exists. Express Preemption Supremacy Clause
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If Constitution gives a power to the federal government, the government also has the authority to prohibit the statesfrom exercising a similar power Implied Preemption (pg. 117) Congress has decided to regulate some activity but has said nothing about whether the states do or do not have power to pass related laws. Must proved that fed reg is relatively comprehensive and strong need for a uniform national regulatory policy Discrimination against interstate commerce (pg. 119)States may not shelter their own industries from competition emanating from other states This violates the Supremacy Clause Two exceptions - in-state tuition, and when state is buyer/seller of goods/service State is dominant regulator for most businesses Unduly Burdening Interstate Commerce This is a question of impact Purely economic interests of a state are legitimate, but such interests typically do not weigh as heavily as a state’s interest in protecting the safety and health of its citizens or protecting them against fraudulent or other wrongful practices. Granholm v. Heald Full Faith and Credit Clause The courts of one state must recognize court judgements and other publicjudgements of its sister states. Two important limitations (pg. 125) Individual Freedoms 14th AmendmentThe Bill of Rights applies only to the federal government. However, USSC has used the 14th Amendment’s due process clause as a vehicle for applying almost everything in the Bill of Rights to state and local governments. Doctrine of Incorporation - almost all of the BoR protections also apply to states2 ExceptionsRight to jury trial in civil casesRequirement that a person be indicted by a grand jury before being tried for a criminal offense With regard to individual freedoms, the Constitution places restrictions on
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