MGMT 211 1nd Edition Lecture 3 Outline of Last Lecture I Introduction to Constitution II History of the Constitution s Creation III Constitutional Interpretation IV Major Business Provisions of the Constitution Outline of Current Lecture I Power of the Commerce Clause II Limitations on the Commerce Clause III Supremacy Clause IV Power to Tax V Contract Clause VI Bill of Rights Current Lecture Chapter 2 Constitutional Law I Power of the Commerce Clause A 3 Historical events that defined the struggle between the National and State governments for power 1 McCulloch v Maryland a Maryland tried to tax the federal government citing the Reserved Powers Clause b Federal Government argued the Necessary and Proper Clause to get out of paying the tax 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 c John Marshal said the Necessary and Proper Clause gave the National government the inherent power to not be taxed by the states d First use of the Necessary and Proper Clause AKA the Implied Powers Clause Inherent Powers Clause or Elastic Powers Clause 2 Civil War War of Northern Aggression a Lincoln expanded the office of the president b Slavery ends 3 Civil Rights Reconstruction a Lincoln wanted an amicable period of Southern and Northern friendship after the war however he was assassinated b The Republicans who took over wanted the South to pay for the war c After Reconstruction ended Texas passed the Constitution of 1876 d Plessy v Ferguson 1 Separate but Equal is established as constitutional e Texas White Primary 1 State runs primary and makes law that you must be white to vote in primary 2 Texas had only one party at the time the Democrats a So the election was decided in the primary 3 Challenged in the middle of WWII and it was declared unconstitutional f Truman integrated the army after WWII g Brown v Board of Education Kansas 1950s 1 Thurgood Marshal first black man on the Supreme Court of the US picked up the case for the NAACP 2 Decided 9 0 to overrule Plessy v Ferguson a Separate but Equal is unconstitutional 3 President Eisenhower and Kennedy both enforced this decision h Civil Rights Act of 1964 Most Far Reaching Law EVER 1 Can t discriminate in anything for race color religion sex or national origin i Voting Rights Act of 1965 1 Sent Civil Rights workers to register people of color to vote and to find violators of the Civil Rights Act of 1964 2 However many of these workers were killed by the Ku Klux Klan j Heart of Atlanta Motel v US and Katzenbach v McClung 1 In Heart of Atlanta it was decided that because the motel dealt with Interstate Commerce it was illegal for them to refuse people of color II III IV V 2 In Katzenbach v McClung Ollie s BBQ it was decided that if all of the BBQ restaurants served food that was only regionally bought it would affect interstate commerce so they were also under the Civil Rights Act of 1964 Basically it was straight from the Wickard v Fillburn Case Limitations on the Commerce Clause A United States v Lopez 1 Lopez took a gun to school which was illegal under the Gun Free School Zone Act passed during the Clinton Administration and based on the Commerce Clause 2 Lopez claimed the law was unconstitutional because a A school isn t a business Supreme Court says that a school is a business b Lopez didn t effect the operation of the business the Supreme Court agreed and had to release Lopez B Laws based on the Commerce Clause must ONLY effect businesses Supremacy Clause in areas given to the National Government the National Government can choose to make it only an area for the National Government or it can choose to SHARE power with the States A If a state can justify it they can interfere with Interstate Commerce 1 Maine v Taylor Civil Case a Law saying that you are not allowed to bring fishing bait from other states into the state of Maine 1 This was justified by saying they needed to protect the ecosystem for their lobster which is a huge source of commerce in Maine 2 Hughes v Oklahoma Criminal Case a Can t bring minnows into Oklahoma 1 Oklahoma was unable to justify this law because they have no basis in the fishing business at all 3 Precedent doesn t always work in the case of the Supremacy Clause Power to Tax both States and the National Government have this power A Can be used as a regulatory tool for businesses 1 Drinking Age must be 21 according to the National Government so the don t give the States the money from the Highway fund until they change the drinking age 2 Same thing applied to the legal blood alcohol level changed from 0 1 to 0 08 Contract Clause mostly historical A Not usually brought up in court B Minnesota voided the retirement clauses of other states retirement funds on accident C Another example is the Gay Marriage Debate as marriage is technically a contract in the governments eyes VI Bill of Rights First Ten Amendments to the Constitution A Originally the Bill of Rights ONLY applied to the National Government B Barron v Baltimore 1 Baltimore wanted to dump dirt on Barron s dock a Barron claimed due process under the 5th Amendment but at the time that Amendment didn t apply to State Governments 2 14th Amendment No State can deprive anyone of due process and equal protection under the law a Decided that this Due Process was the same as the Due Process in the 5th Amendment 3 New York Sedition Law can t propagandize for or against the Nations involved in WWI a The New York Sedition Law was declared unconstitutional 1 This expanded the due process law to a Freedom of speech and b Freedom of the Press 2 Created the Doctrine of Incorporation a Applies the Bill of Rights excluding the 3rd Amendment Right of Indictment and Right to an Attorney to criminal cases in States 3 Reverse Doctrine of Incorporation a Makes the 14th Amendment Apply to the National Government i National Government must provide Equal Protection to anyone 4 All governing bodies in the United States must follow the Bill of Rights and the 14th Amendment except the States don t have to follow the 3rd Amendment Right to Indictment or the Right to Attorney