CONSTITUTION 1 History of the Articles of Confederation first national document where state governments were more powerful than the national government The government could not coordinate be cause had individual currency business rules trade agreements with other countries protection alism hard to do trade between states Governments had difficulty taxing 2 Commerce Clause most powerful source of authority for Congress THE SUPREME COURT HAS INTERPRETTED THE COMMERCE CLAUSE BROADLY 3 Physical types of com merce activity US and foreign countries US and Indian tribes between and among the several states 1 Gibbons v Ogden 1824 Gibbons has federal license to operate a steamboat Ogden has New York state granted monopoly on steamboat operation in New York Argument congress never had authority to write Supremacy Clause in the first place Congress can do that because there was an interstate effect 2 Wickard v Filburn 1942 limited amount of land you can own to grow wheat and only 90 of your land to keep supply down The interstate effect was everybody would do it and supply would get greater and price would drop 3 Heart of Atlanta Motel v U S 1964 in Civil Rights Act Title 3 Places of Public Ac commodation is where the public is allowed Prohibits discrimination based on race color reli gion national origin and gender Motel did not allow blacks 1 motel put his motel near intersec tion of two major highways 2 was advertising nationally 3 75 of people that stayed there were from out of state 4 Katzenbach v McClung 1964 McClung had diner did not advertise served locals Did not allow blacks to eat in his restaurant Supreme Court says 46 of food comes from out of state 5 Perez v U S 1971 Federal criminal loan shark in Brooklyn Can affect interest rates by an increase in supply and using money that can be used in other states 6 U S v Lopez 1995 Congress says people won t move if school districts are unsafe Congress loses and Gun Free School Zone Act is removed 7 Printz v U S 1997 Brady Handgun Act says you get a background check before you buy a gun Congress needed to limit guns to criminals Congress loses If you conduct back ground checks than you get money highway dollars Congress wins South Dakota v Dole 1987 If you raise drinking age to 21 than you get federal 8 State regulation of commerce Congress can regulate commerce enforce civil laws to protect health welfare and safety of their citizens i police powers doctrine states can write and enforce criminal laws can write and state commerce ii balancing test Supreme Court makes sure states do not unduly burden inter Private party argues states have gone too far and state law should be shut down iii dormant commerce clause check and balance against states 3 Supremacy Clause makes Federal law higher than state law makes Constitution the highest law 1 Preemption doctrine Congress has CHOICE to tell states 2 Explicit language is in the statute implicit preemption 3 ways to find 1 agency has been assigned to enforce it 2 lots of detail 3 legislative history supports a finding of preemption Bothe hold the same weight 4 Tax and Spend Clause broad power where Congress does not have many limits on what it can tax or spend 1 Uniformity requirement tax code must be equal across states 2 Tie to General Welfare Clauses interpreted to give Congress more power to tax and spend 3 Tie to Necessary and Proper Clause give Congress more power 4 16th Amendment created income tax in 1913 Number one source of motivation to get people to do things like giving to charity use green technology going to get education 5 Privileges and Immunities Clause of Article IV covers ACTIVITIES goal not allow states to discriminate against citizens of other states State must have a substantial reason for treating someone differently 6 Full Faith and Credit Clause covers RIGHTS if you have established a right in one state all other states must recognize it even if the law is different 7 Due Process Clauses 14th protects against state government 5th protects against federal 1 Procedural due process government must afford you a series of rights before they can do something to you i criminal ii civil right to notice and a hearing 2 Substantive due process concerned with fairness outcome of legislative administrative process Applies to small set of rights government must have compelling interest 1 Right to vote 2 Right to interstate travel 3 Right to privacy 4 Anything in first amendment 8 Equal Protection Clause protects you against state government the Supreme Court 1 Strict scrutiny standards Groups race religion national origin and alienage Race must have compelling interest do treat them differently Examples higher education admissions can create a diverse student body to enhance learning process along with hiring in forms of na tional security Religion is just a sincere belief only available when hiring in national security National origin where your ancestors came from still a US citizen only national security jobs Alienage ancestry if you hold a green card citizenship is promised as long as you follow rules but you may be turned down from a job may not have right to vote 2 Intermediate scrutiny have to have important interest Alienage do not have green card but have lawful permanent residence work visa or student visa Does not include illegal immi grants Gender women are unable to join infantry Illegitimacy child born to parents that are not married 3 Rational basis scrutiny government has to have a legitimate reason Age Wealth Dis ability Economic rights availability in licensing 9 Bill of Rights levels 1 Freedom of Speech 1st amendment different forms of speech are protected at different porations can speak about political issues i political speech most protected form can speak about any political belief cor political speech if it is not political in nature it is not ii symbolic speech if it is political in nature it is protected at the same level as iii commercial speech not political speech government can regulate commercial speech as long as they do it neutrally Cannot say yes to advertise for one company and not for another to advertise you must do it neutrally message preference v neutrality cannot show preference if you decide iv corporate political speech corporations can give as much money as they want to a political party v unprotected speech violating the criminal law defamation obscenity v indecency 2 Freedom of Religion i Establishment Clause ii Free Exercise Clause
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