Constitution also lays out the authority of the federal government and that of

Constitution also lays out the authority of the

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Constitution also lays out the authority of the federal government and that of the statesFederal government has those powers that are specifically given to it by the constitution (delegated powers) vs. implied powersPowers not granted to the federal government reside with the states (reserved powers) Article 1 Section 8 spells out powers of Congress All powers of the state derive from the state police power- inherent governmental power to regulate the health, safety, morality and general welfare of its people State legislatures may delegate any part of the police power to local political subdivisions such as cities or counties Commerce Clause:
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Article 1 Section 8 grants Congress the power “to regulate commerce with foreign nations and among the several states" Until late 1930s Supreme Court interpreted Congress’s authority under commerce clause fairly narrowly, holding that it could primarily regulate commerce that: crossed state lines involved instrumentalities of interstate commerce such as rivers or railroads Beginning in 1930s, court added a 3rd category, holding that congress could regulate commerce occurring within the borders of a state so long as the activity had any appreciable effect on interstate/foreign commerce State regulation of Commerce: States police power includes authority to regulate commercial activities within the state even if they have a substantial effect on on interstate or foreign commerce and even if they originated outside the state. Courts have developed several principles that limit the power of the states: preemption, discrimination against interstate commerce and unduly burdening interstate commerce Federal Preemption: where a particular governmental power is exclusively federal. applies to any state-federal conflict Express Preemption: a federal law preempts certain types of state legislation Implied Preemption: when congress has chosen to regulate some activity but has said nothing about whether the states do or do not have power to pass related law Challenger must prove 2 conditions before a court will conclude that implied preemption exists: must be shown that federal regulation is relatively comprehensive must be shown that there is a strong need for a uniform national regulatory policy in this area Direct Conflict: state law is void because of direct conflict in 2 situations: it is impossible to comply with both the state and federal laws if it is possible to comply with both, there is a direct conflict if the state law interferes with the purpose of the federal law Discrimination Against Interstate Commerce: even where there is no preemption, state can’t pass a law that discriminates against interstate commerce. Discrimination interferes with the primary authority of Congress over interstate and foreign commerce and thus violates Supremacy Clause Unduly Burdening Interstate Commerce: involves a question of the impact of a state law, vs intent.
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