Separation of Powers Checks Balances All in the U S Constitution Constitution describes them as coequal together and equal a balance of power One branch may be more powerful but the power can change immediately o Ex Congress can pass a law but the President can veto it 1 Legislative makes laws Congress 2 Executive President governors mayors enforces administers laws 3 Judicial judges interprets laws 4 Cases who has upper hand balance of power judiciary has ultimate power a U S vs Nixon 1974 Watergate scandal allegations that Republicans hired people to steal from Democrats Nixon somehow knew tapes of most conversations were found 9 0 jury decision Nixon had to turn over tapes Nixon resigned never went to trial courts ruled over executive branch of the government b Clinton v Jones 1997 Jones alleged Clinton sexually harassed her when he was governor but he was President and the Supreme Court agreed he did not have the time to go to court President showed up for a deposition c Bush v Gore 2000 FL electoral votes would determine election Supreme Court said no to recounting the votes when the FL Supreme Court wanted to Constitutional Judicial Review Powerful in courts right to declare other branches are wrong and statues are unconstitutional Determining whether laws actions violate the Constitution Judicial Review Interpreting determining the meaning of laws Interstate Commerce between Commerce between two or more states The Commerce Clause U S Constitution Art I Sec 8 The Congress shall have power to regulate commerce with foreign Nations and among the several states Congress is the body with the right to regulate interstate commerce Federal government is the arbitrator Intrastate Commerce within Commerce within a state Not crossing state lines Own state legislation makes the laws CASES Intrastate vs Interstate 1 Wickard v Filburn 1942 Wickard was Secretary of Agriculture Filburn a farmer learned of the new law that he could only plant a certain number of acres in order to keep farming sustainable a Filburn planted more than allotted and said the government couldn t tell him how much he could farm Intrastate using extra acres for personal and public use Intracounty selling his crops to his county Intrafarm doesn t go beyond his own farm with extra amount planted b c d e Had a substantial effect on commerce 2 Heart of Atlanta Motel v U S 1964 owner of a motel told U S government that they couldn t tell him what to do because intrastate commerce everything owned in GA no impact on interstate commerce a Motel accommodates out of state people b Court rules Congress had the right to regulate intrastate commerce 3 Katzenbach v McClung 1964 McClung owned a segregated BBQ said he is completely in Alabama and in addition more than 90 of his customers are local no impact on interstate commerce a Beef and pork was shipped from other states interstate b Congress based this on the fact that the supply came from out of state 4 National Federation of Independent Business v Sebelius 2012 Affordable Care Act Washington couldn t force people to purchase health insurance a Unconstitutional Congress has right within the bounds of federal power b Local can affect national c Taxing power is under Congress Public Accommodations section of the Civil Rights Act of 1964 in order to service the public the business couldn t be segregated by race they had to integrate or close Congress has the power to regulate state or local activity if the activity substantially affects interstate commerce Federal State Regulation of Commerce 1 Subject Matters Exclusively Federal because the U S Constitution says so a Ex Regulate bankruptcy have armies and navies declare war coin money print b Any attempted state regulation is unconstitutional under the Commerce and Supremacy i Commerce Clause when in conflict federal court reigns over state court 2 Subject Matters of Possible Dual Regulation state and federal government can be a part of it currency Clauses MAYBE a Subjects preempted by federal law Congress can pass a law exclusively giving themselves power to regulate Any state law is unconstitutional under the Commerce and Supremacy Clauses b Subjects covered by federal law which do not preempt the field states are allowed to make their laws as well as the federal government all 3 must be honored and obeyed 1 State laws which are irreconcilable conflict are unconstitutional Garnishment FL has not violated its max 2 State law must not discriminate against interstate commerce in favor of intrastate commerce cannot protect their own business at the expense of another business a Ex Out of state tuition 3 State law must not impose an undue burden unreasonable on interstate commerce a Ex Mud flap shape and size depending on state b Ex States had train length requirements Garnishment a legal proceeding brought by a creditor in which a court orders an employee to pay a percentage of the employee s wages to the creditor on a periodic basis o Federal Law garnishment maximum is 25 of wages o FL Law Garnishment not permitted when employee is head of the family Exception alimony child support 3 Subject Matters Exclusively Local a State local regulation permitted subject to police power limitations must follow all three requirements 1 Law must relate to public health safety welfare in your best interest or morals the four topics you can regulate locally 2 Law must not violate U S Constitution i e equal protection due process 3 Law must not be unreasonable or arbitrary no grounding in logic or or commerce clause irrational Example Child Porn Conviction Reversed commerce Example Anti Spam Laws o Federal government can regulate only when something substantially affects interstate o Congress controls spammers and fraudulent claimers Dual Regulation Capricious on a whim 4 Commerce Clause and Taxation of Business by States both a Nexus or Taxable Situs required i Nexus connection ii Taxable Situs property income tax b Fair Apportionment required Braniff Case Braniff airlines only flew to other states flights landed and departed in the state though they were taxed 50 000 but Braniff said they couldn t be taxed because all its flights were interstate not intrastate o Could tax and fair apportionment o Can only tax if state has revenue attributable to operations in that state Guidelines for Interpreting Constitutional Rights for lawyers businesses and people 1 Constitutional rights are not absolutes even though it may say something it might not
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