1 A the commerce clauses states could regulate whoever they want to in terms of

1 a the commerce clauses states could regulate

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1. A. the commerce clauses – states could regulate whoever they want to in terms of commerce, except interstate commerce B. until 1930’s, could regulate goods + ppl channels, river, instrumentalities (things that travels on channel – boats) until late 1930’s C. Since 1930’s, congress can regulate any activity D. cases 1. Wickard v. Filburn (1942) – regulate what prices, passed agriculture adj. act (stabilize wheat prices by putting limit on what they could produce) a. gov. argued: by producting own wheat uncontrollably, prices cannot stabilize bc you’re not participating in buying wheat causes substantial effect b. congress can regulate purely intrastate activity that’s not commercial if it interferes w/...
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c. states still regulate commerce in state, but congress has not expanded 2. Gonzales V. Raich (2005) – people smoke pot to reliev chronic symptoms, controlled substance act – prohibits manufacturing, consumption, use of drug - claim: gov. violated constitution, CSA is violation that extends gov. power further than it goes - just like Wickard v. Filburn, local grower not contributing to economy - gov. position – diversion of home grown from medicinal market - justice Steven says if congress comes up with rational agreement = deferral to legislative branch 3. Heart of Altana Motel, Inc. v. US (1964) - pass civil rights act of 1964, but how? prohibit discrimination of RPL of color on basis of public accommodations (hotels, restaurants, movies) - commerce clause is good basis for civil rights act bc it regulated people who are traveling for commerce - congress action is invalidated just bc congress was also legislating against what it considered to moral wrongs - congress power over interstate commerce exerts harmful affect hindered by travel can be regulated by congress Preemption Supremacy clause – when conflict between state law + federal law, federal law wins What does that mean in practice? places where S.C. has been enacted is greater anticipated 1. Express - ERISA – preempts all state laws to the contrary, states continue to regulate employee pension health plans – gets complicated 2. Implicated - Field preemption – exists when breadth of statue that Congress intended to cover entire area of law (field) - ex: Labor Day (MRA Nation Labor Deal with tension between laborer + employer congress intends to preempt state law - conflict preemption – exists when it’s impossible to comply with federal + state law @ same time, law substantially interferes w/ purpose of law - ex: Burma Mass. – outlawed companies from getting business within state comps if they did business in Burma - gave gov. permission to increase, decrease, eliminate, or impose new sanctions - problem: Burma women rights got better, gov. releases sanctions, but Mass. sanctions still exists, gov. says mass. law = invalid bc potentially interferes with purposeful federal law States have power to regulate economic activity, except where state regulation is preempted by federal law: 1. Express 2. Implied
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a. Field Preemption b. Conflict Preemption (if state potentially – state preemptive) 3.
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