Chapter 5 Constitutional Law BUL3310 Abbreviations you may need to know Int l International Gov t Government w with w o without I The Constitutional Powers of Government Federal Form of Government o Nat l gov t and states share sovereign power o Nat l gov t has implied power to undertake actions necessary to carry out its expressly designated power Police Powers State regulatory powers Are not relating solely to criminal law enforcement but refers to broad right of state gov ts to regulate private activities to promote public order health safety morals and general welfare Ex Fire Building codes anti discrimination laws parking regulations zoning restrictions licenses Relations Among States The Privileges and Immunities Clause Citizens of each state shall be entitled to all privileges and immunities of citizens in the several states Prevents state from imposing unreasonable burdens on citizens of another state particularly with regards to means of livelihood or doing business When citizen of one state engages in basic and essential activities in one state foreign state foreign state must have substantial reason for treating the non resident differently from its own residents Basic Activities transferring property seeking employment accessing court system Foreign state must also establish that its reason for discrimination is substantially related to states ultimate purpose in adopting the legislation or regulating the activity Full Faith and Credit Clause Art IV Sec 1 Full faith and credit shall be given in each state to public acts records and judicial proceedings of every other state Applies only to civil matters Ensures that rights established under deeds wills contracts and similar instruments in one state will be honored by other states Also ensures any judicial decision with respect to such property rights will be honored and enforced in all states Originally promoted in Articles of Conf to promote mutual friendship in various states Has contributed to unity of Americans protects legal right as they move state to state Also protects rights of those whom they owe obligations Ex person awarded monetary damages by a court Important to conduct business in a country w mobile citizenry Separation of National Government s Powers To protect from Nat l gov t using power arbitrarily Constitution provides 3 branches of gov t 1 Legislative makes laws 2 Judicial interprets 3 Executive enforces Checks and Balances allows each branch to limit the actions of the other two branches preventing one branch from gaining too much power Examples 3 1 Legislative Branch congress can enact a law but the executive branch president has constitutional authority to veto that law 2 Exec Branch responsible for the foreign affairs but treaties w foreign gov ts 3 Congress determines the jurisdiction of the federal courts and the president require advice and consent of Senate appoints federal judges w the advice and consent of Senate but judicial branch has power to hold actions of other two branches unconstitutional Commerce Clause Art 1 Sec 8 to regulate commerce w foreign nations and among several states and w Indian tribes Made to Prevent states from establishing laws and regulations that would interfere w trade and commerce among the states Constitution expressly delegated to the the Nat l gov t the power to regulate interstate commerce Has had greater impact in business than many other provisions in the Constitution Provides basis for the Nat l gov ts extensive regulation of state and even local affairs Clause raised early questions about the word among in the phrase among several states which meant between states or between or within states Gibbons v Ogden 1824 Court ruled commerce within states also could be regulated by the Nat l gov t as long as the commerce substantially affected commerce involving more than one state Expansion of National Powers Under the Commerce Clause Commerce clause became a vehicle for the additional expansion of Nat l gov ts regulatory powers Even activities purely local in nature came under the regulatory reach of the Nat l gov t if those activities were deemed to substantially affect interstate commerce Heart of Atlanta Motel v US court noted If it is interstate commerce that feels the pinch it does not matter how local the operation that applies the squeeze Commerce Clause Today National Gov t continues to rely on the commerce clause for its constitutional authority to regulate business activities in the U S Supreme court has begun to somewhat curb the Nat l govt s regulatory authority under the commerce clause Struck down on act that banned the possession of guns within 1000ft of schools b c nothing to do with commerce Medical Marijuana Clause The Dormant Commerce Clause Negative aspect of the commerce clause that states do not have the authority to regulate interstate commerce Comes into play when state regulations affect interstate commerce Courts weigh state s interest in regulating certain matters against burden that state regulations place on interstate commerce b c courts balance interests difficult to predict case The Supremacy Clause and Federal Preemption Supremacy Clause provides that Constitution laws and treaties of US are Supreme law of the land When there is a direct conflict between federal and state law state law is rendered invalid Federal Preemption occurs when Congress chooses to act exclusively in an area in which the federal gov t and states have concurrent powers A valid federal statute or regulation will take precedence in which the federal gov t and states have concurrent powers Ex man injured by balloon catheter after heart attack Feds ruled The Taxing and Spending Powers Art 1 Sec 8 US Const Congress has the power to lay and collect taxes duties imports and excises Requires uniformity in taxation among the states and thus Congress may not tax some states while exempting others The expansive interpretation of Commerce Clause almost always provided basis for sustaining a federal tax II Business and the Bill of Rights First Congress of US submitted 12 amendments to the US Constitution Bill of Rights 1791 series of protections for the individual against types of interference 10 12 were the Bill of Rights by federal government Apply to business entities as well Corporations exist as well Enjoy same rights and privileges a natural person does Limits on Federal and State Governmental Actions Bill of Rights originally limited only powers on national
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