New version page

FSU BUL 3310 - Study Guide

Upgrade to remove ads

This preview shows page 1-2-3-4 out of 12 pages.

Save
View Full Document
Premium Document
Do you want full access? Go Premium and unlock all 12 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 12 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 12 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 12 pages.
Access to all documents
Download any document
Ad free experience

Upgrade to remove ads
Unformatted text preview:

Irresistible Impulse – If a person, due to mental disease or defect, has an uncontrollable urge to commit---and does commit---a criminal act, that person is not criminally responsibleSeparation 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 immediatelyo Ex. Congress can pass a law but the President can veto it1) Legislative – makes laws (Congress)2) Executive (President, governors, mayors) – enforces/administers laws3) Judicial (judges) – interprets laws4) Cases – who has upper hand, balance of power, judiciary has ultimate powera. 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 governmentb. 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 depositionc. 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. Interstate1) 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 sustainablea. Filburn planted more than allotted and said the government couldn’t tell him how much he could farmb. Intrastate – using extra acres for personal and public usec. Intracounty – selling his crops to his countyd. Intrafarm – doesn’t go beyond his own farm with extra amount plantede. Had a substantial effect on commerce2) 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 peopleb. 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 insurancea. Unconstitutional, Congress has right within the bounds of federal powerb. Local can affect nationalc. 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 Commerce1) Subject Matters Exclusively Federal – because the U.S. Constitution says soa. Ex. Regulate bankruptcy, have armies and navies, declare war, coin money, print currencyb. Any attempted state regulation is unconstitutional under the Commerce and Supremacy Clausesi. Commerce Clause – when in conflict, federal court reigns over state court2) Subject Matters of Possible Dual Regulation – state and federal government can be a part of it (MAYBE)a. Subjects preempted by federal law – Congress can pass a law exclusively giving themselves power to regulateAny state law is unconstitutional under the Commerce and Supremacy Clausesb. 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 businessa. Ex. Out of state tuition3) State law must not impose an undue burden (unreasonable) on interstate commercea. Ex. Mud flap shape and size depending on stateb. 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 basiso 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 Locala. 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 locally2) Law must not violate U.S. Constitution, i.e., equal protection, due process or commerce clause3) Law must not be unreasonable or arbitrary – no grounding in logic or irrational• Example: Child Porn Conviction Reversed:o Federal government can regulate only when something substantially affects interstate commerce• Example: Anti-Spam Lawso Congress controls spammers and fraudulent claimers (Dual Regulation)• Capricious – on a whim4) Commerce Clause and Taxation of Business by States (both) a. Nexus or Taxable Situs required i. Nexus – connectionii. Taxable Situs – property income tax b. “Fair


View Full Document
Download Study Guide
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Study Guide and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Study Guide 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?