The Constitution & The Commerce ClauseConstitutional LawConstitutional LawSlide 4Slide 5Slide 6Slide 7Slide 8Slide 9Slide 10Slide 11Slide 12Slide 13The ConstitutionThe Constitution& & The Commerce Clause The Commerce Clause Chapters Six and FifteenChapters Six and FifteenConstitutional LawConstitutional LawUnited States Constitution United States Constitution Article I establishes the CongressArticle I establishes the CongressArticle II establishes the Executive branchArticle II establishes the Executive branchArticle III establishes the JudiciaryArticle III establishes the JudiciaryArticle IV includes the Full Faith and Credit Article IV includes the Full Faith and Credit and Privileges and Immunities clausesand Privileges and Immunities clausesArticle V governs AmendmentArticle V governs AmendmentConstitutional LawConstitutional LawSeparation of PowersSeparation of PowersThe Constitution provides a system of The Constitution provides a system of checks and balances between the checks and balances between the Legislative, Executive, and Judicial Legislative, Executive, and Judicial branches of governmentbranches of governmentThe Constitution also divides power The Constitution also divides power between the federal and state/local between the federal and state/local governmentsgovernmentsConstitutional LawConstitutional LawSeparation of PowersSeparation of PowersFederalism = A system of government in Federalism = A system of government in which power is divided between a which power is divided between a central, national government and central, national government and various regional, state governmentsvarious regional, state governmentsConstitutional LawConstitutional LawSeparation of PowersSeparation of PowersThe The Supremacy Clause Supremacy Clause (Article VI) (Article VI) establishes that the Constitution, all federal establishes that the Constitution, all federal statutes, and U.S. treaties are “the supreme statutes, and U.S. treaties are “the supreme law of the land”law of the land”PreemptionPreemption occurs when the federal occurs when the federal government has claimed the exclusive right to government has claimed the exclusive right to regulate a particular area, or a state law regulate a particular area, or a state law conflicts with a federal lawconflicts with a federal lawThe state regulation is invalidThe state regulation is invalidConstitutional LawConstitutional LawPreemption AnalysisPreemption AnalysisDoes federal law expressly say state can’t Does federal law expressly say state can’t legislate?legislate?Does state law conflict with federal law?Does state law conflict with federal law?Has Congress so comprehensively legislated in Has Congress so comprehensively legislated in area that no room for state law, i.e., federal area that no room for state law, i.e., federal law occupies the field?law occupies the field?Constitutional LawConstitutional LawContracts ClauseContracts ClauseArticle I, Section 10: “No Article I, Section 10: “No StateState shall … shall … pass any … Law impairing the Obligation pass any … Law impairing the Obligation of contracts.”of contracts.”Constitutional LawConstitutional LawAmendments and Basic ProtectionsAmendments and Basic ProtectionsThe First AmendmentThe First AmendmentFreedom of Speech – “Congress shall make Freedom of Speech – “Congress shall make no law … abridging the freedom of speech”no law … abridging the freedom of speech”Limited protection for Limited protection for commercial speechcommercial speechFreedom of the Press – “Congress shall Freedom of the Press – “Congress shall make no law … abridging the freedom of … make no law … abridging the freedom of … the press”the press”Constitutional LawConstitutional LawAmendments and Basic ProtectionsAmendments and Basic ProtectionsThe First AmendmentThe First AmendmentFreedom of ReligionFreedom of ReligionEstablishment Clause – “Congress shall make no Establishment Clause – “Congress shall make no law … respecting an establishment of religion”law … respecting an establishment of religion”Free Exercise Clause – “Congress shall make no Free Exercise Clause – “Congress shall make no law … prohibiting the free exercise” of religionlaw … prohibiting the free exercise” of religionConstitutional LawConstitutional LawAmendments and Basic ProtectionsAmendments and Basic Protections55thth A: Due Process – The requirement A: Due Process – The requirement that all legal proceedings be fair that all legal proceedings be fair One must be given notice of the proceedings One must be given notice of the proceedings and an opportunity to be heard before the and an opportunity to be heard before the government acts to take away one's life, government acts to take away one's life, liberty, or propertyliberty, or propertyConstitutional LawConstitutional Law1414thth Amendment AmendmentDue Process and Equal Protection – “nor Due Process and Equal Protection – “nor shall any shall any statestate deny any person of life, deny any person of life, liberty, or property, without due process of liberty, or property, without due process of law; nor deny to any person within its law; nor deny to any person within its jurisdiction the equal protection of the laws” jurisdiction the equal protection of the laws” 1414thth Amendment also incorporates or carries Amendment also incorporates or carries over the Bill of Rights to apply to states.over the Bill of Rights to apply to states.Constitutional LawConstitutional LawCommerce ClauseCommerce ClauseArticle I, Section 8: “Congress shall have Article I, Section 8: “Congress shall have the Power … to regulate Commerce with the Power … to regulate Commerce with foreign Nations, and among the several foreign Nations, and among the several States”States”Constitutional LawConstitutional LawCommerce ClauseCommerce ClauseRegulation of Foreign CommerceRegulation of Foreign CommerceRegulation of Interstate CommerceRegulation of Interstate CommerceInterstate commerce = commercial trade, Interstate commerce = commercial trade, business, movement of goods or money, or business, movement of goods or money, or transportation from one state to anothertransportation from one state to anotherInIntratrastate commerce =