BCOR 3000 1nd Edition Lecture 4 Outline of Last Lecture I. The U.S. ConstitutionA. FederalismB. Enumerated PowersC. Separation of PowersOutline of Current Lecture II. General Approach to Constitutional CasesIII. Commerce ClauseIV. Commerce Clause CasesV. Supremacy ClauseVI. Freedom of SpeechVII. Due ProcessCurrent LectureGeneral 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 aconstitutional 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 linesThese 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 followit- 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 laws2. Put a burden on interstate commerceCommerce 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 subjectFreedom 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 enforcedRequired Disclosers—(i.e. safety labels on cigarette packages)—a freedom of speech issueDue 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