BUL 3310 Exam 2 p 28 Separation of Powers checks and balances at some point in time one may be more powerful then the other ex congress passes a law then president can veto then congress could veto with 2 3 s votes Constitution effects business and individuals 3 functions of government 1 Legislative makes laws Ex Congress 2 Executive enforces and administers laws Ex president country govornor state mayor city 3 Judicial interprets laws has lot of power Ex judges and courts Cases US v Nixon 1974 Watergate scandal republicans hired people to break into and steal things from Democrat offices thought president Nixon might have something to do with it Ordered videos from the white house Supreme Court ruled he had to give over the tapes Legislative over executive He resigned there after Clinton v Jones 1997 sexual harassment he had to appear at a deposition contemplated not going because it would hurt the country end result the executive president had to yield to the judiciary courts judge ruled for a deposition Bush v Gore 2000 there was question about the recount but Supreme Court ruled no recount Constitutional Judicial Review Determining whether laws and actions violate the constitution Ex jury duty case with father and young child law at the time said mothers were excused courts overruled the law stating mothers only Interpreting determining the meaning of law Ex reasonable semantics interpretation of words to determine if action taken or withheld Judicial Review p 29 Interstate commerce vs Intrastate commerce inter between two or more states art I sec 8 congress shall have power to regulate commerce with foreign nations and among several states federal government can regulate commerce between states intra within the state not crossing state lines own st legislature will decide what activities we engage in Cases dealing with inter v intra state issues know the outcomes not dates and names of cases Wickard v Filburn 1942 Mr W was a secretary of agriculture and Mr F was a farmer This was after the great depression and congress had passed some laws to help stimulate the econ such as Acre Allotment Mr F was given 100 acres but planted 200 acres Government sued him Mr F argued that he was intrastate so the federal government couldn t be involved and that he was using the extra 100 for his family congress was able to regulate because of this statute Congress has power to regulate the state or local activity if it effects inter state commerce this case Congress won Heart of Atlanta Motel v U S 1964 civil rights case Public Accommodation Section of Civil Rights Act was passed to take segregation out of the work place Congress had the right to get involved in this case because it effected interstate commerce because people staying at the motel where from out of town Congress won Katzenbach v McClung 1964 civil rights case Owner of a restaurant argued that more than 90 of customers from Alabama so this was not an interstate issue Congress argued that because the restaurant ordered food from out of state that it was indeed interstate issue Congress won National Federation of Independent Business v Sebelius 2012 affordable care act 20 states said the government can t force them to buy health care congress can mandate this because it is in bounds of Federal power used the Wickard v Filburn case to back their claim because the country is in a recession the fed is stepping in to regulate things for the good of the economy p 30 Federal State Regulation of Commerce Focus on this section 1 subject matters Exclusively Federal any attempted state regulation is unconstitutional under the commerce and supremacy clause Includes things like regulating bankruptcy the army navy right to declare war interstate commerce 2 subject matters of possible dual regulation state or federal gov a preempted by federal government means that it is a subject that needs a uniform law for everyone to follow if st tries to brake a law it is unconstitutional b subjects that do not have preemptive laws i ex garnishment an issue that is a law by federal government but allows for states to regulate to a certain degree ii Three things must be present 1 state law which are in irreconcilable conflict are unconstitutional 2 must not discriminate against interstate commerce in favor of intrastate commerce ex out of state tuition example 3 state law must not impose an undue burden on interstate commerce ex of mud flaps shapes and sizes on semis different for each st this is unreasonable ex2 train length laws both have since been eliminated 3 subject matter exclusively local a state local regulation permitted subject to police power it means regulate limitations i three things 1 law must relate to public health safety welfare or morals 2 must not violate US constitution equal protection due process commerce clauses 3 must be unreasonable or arbitrary 4 commerce clause and taxation of Business by States a Nexus connection to income tax or Taxable Situs required ex Brainiff airways case can they be taxed two times i A state can only tax a business for the revenues that they make in that state intrastate b Fair Apportionment required c supreme court said Nexus existed and levying taxes taxable situs that are only applicable to the state Guidelines for Interpreting Constitutional Rights 1 constitutional rights are not absolutes a ex yelling fire in a public place Freedom of speech doesn t apply here because it causes the public undue stress Could be accused of slander b ex fraud inability to say what you want 2 C issues involve a weighing process between competing policies a right of an individual to be free from unreasonable searches and seizures v right of the state of fl to prevent a thief from stealing library materials i ex fsu strozier search 3 C rights are variable from time to time b ex air port a Abortion b Civil rights c Death penalty 4 C rights protect the minority from the majority a No Adoption by gays couples in FL b Gay Marriage California c Military service don t ask don t tell has been removed from us armed forces p 31 14th amendment nor shall any state deprive any person of life liberty or property without due process of law nor deny to any person within its jurisdiction the equal protection of the laws Due process clause 1 fundamental fairness required to take away life liberty or property 2 notice have to be told action is being taken against you and hearing your side of the story required ordinance it is unlawful
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