BCOR 3000 1nd Edition Lecture 4 Outline of Last Lecture I The U S Constitution A Federalism B Enumerated Powers C Separation of Powers Outline of Current Lecture II General Approach to Constitutional Cases III Commerce Clause IV Commerce Clause Cases V Supremacy Clause VI Freedom of Speech VII Due Process Current Lecture General Approach to Constitutional Cases Is it the gov t who engages in the conduct If so does the conduct s accomplishment justify the infringement A balancing of the conduct s goals and the infringement Ex Panera said that they don t want guns in their establishments but this is not a constitutional cases because Panera is not the government Any government related facility that infringes on your constitutional rights that would be considered a constitutional case In the constitution there are NO ABSOLUTES Ex 20 bill In God We Trust this is an infringement but it is minor not a constitutional infringement Step 1 What gov t you are suing Step 2 How big the infringement What s the law Step 3 Declared unconstitutional or dismissed Commerce Clause Federal government regulates commerce only if it crosses state lines These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Most of the time there is a law against the business that they do not want to follow if it is contrary to the constitution then they do not have to follow it Rule Gov t can regulate commerce under 3 conditions Indian tribes foreign nations and interstate commerce Today because commerce has vastly change the central government can now regulate it Challenge Individual mandate of health insurance ObamaCare Can the central gov t force you to engage in the financial transaction Commerce Today Feds can regulate any commerce affecting interstate commerce States can pass laws so long that their laws don t 1 Conflict with federal laws 2 Put a burden on interstate commerce Commerce Clause Cases 1824 Gibbons v Ogden Fed can regulate if Substantially affects interstate commerce 1942 Filburn Home wheat consumption Iowa truck length case Federal regulation on semi truck length Iowa set a truck length maximum Truck company sued had to prove if it was in violation of federal regulation or that it puts a burden on interstate commerce If goal is safety then Iowa regulation was a safety matter Real argument now was on interstate commerce UNCONSTITUTONAL big burden and no benefit Laws favoring local business New York auto defroster requirement required to have rear window defrosters in cars in NY yes it conflicts with interstate trade but we have to look at the burden of this case Burden have to make sure the cars with defrosters go only to NY small burden Constitution b c small burden with a large safety benefit California auto emissions standards Fed Gov t told CA to make auto emission standards Interstate online wine sales 2005 States can do whatever they want in terms of alcohol sales laws in their state You can order wine ONLY from vineyards in the same state of residency Constitutional only under the part that states can do whatever they want Unconstitutional in the terms of being a burden of interstate commerce b c limit sales of others states sales of wine alcohol 2 parts of the constitution apply Supreme court over ruled to UNCONSTITUTIONAL Supremacy Clause Constitution is SUPREME LAW OF LAND Federal laws preempt or take precedent over state laws on same topic Central Gov t might choose to preempt entire general subject Freedom of Speech Political fully protected included corporations but again NO ABSOLUTES Commercial limited protection Commercial advertising Regulated but not prohibited No cigarettes on TV unconstitutional But to limit a certain advertisement it is okay Obscene not protected f word etc Offensive Speech broad racial slurs political can be regulated but not enforced Required Disclosers i e safety labels on cigarette packages a freedom of speech issue Due Process Procedural deals with right to a trial hearing before property is taken etc Substantive law must be clear enough for a reasonable person to determine its meaning Some vagueness is OK Examples vagrancy statues Montana speed Limit to vague declared unconstitutional and Illinois town anti gang law