MGMT 211 1nd Edition Lecture 3Outline of Last Lecture I. Introduction to ConstitutionII. History of the Constitution’s CreationIII. Constitutional InterpretationIV. Major Business Provisions of the ConstitutionOutline of Current Lecture I. Power of the Commerce ClauseII. Limitations on the Commerce ClauseIII. Supremacy ClauseIV. Power to TaxV. Contract ClauseVI. Bill of RightsCurrent LectureChapter 2: Constitutional LawI. Power of the Commerce ClauseA. 3 Historical events that defined the struggle between the National and State governments for power1. McCulloch v. Marylanda. Maryland tried to tax the federal government citing the Reserved Powers Clauseb. Federal Government argued the Necessary and Proper Clause to get out of paying the taxThese 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 statesd. 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 presidentb. Slavery ends3. Civil Rights (Reconstruction)a. Lincoln wanted an amicable period of Southern and Northern friendship after the war, however he was assassinatedb. The Republicans who took over wanted the South to pay for the warc. After Reconstruction ended Texas passed the Constitution of 1876d. Plessy v. Ferguson1) “Separate but Equal” is established as constitutionale. Texas White Primary1) State runs primary and makes law that you must be white to vote in primary2) Texas had only one party at the time (the Democrats)a) So the election was decided in the primary3) Challenged in the middle of WWII and it was declared unconstitutionalf. Truman integrated the army after WWIIg. 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 NAACP2) Decided 9-0 to overrule Plessy v. Fergusona) “Separate but Equal” is unconstitutional3) President Eisenhower and Kennedy both enforced this decisionh. Civil Rights Act of 1964 (Most Far Reaching Law EVER)1) Can’t discriminate in anything for race, color, religion, sex, or national origini. Voting Rights Act of 19651) Sent Civil Rights workers to register people of color to vote and to find violators of the Civil Rights Act of 19642) However, many of these workers were killed by the Ku KluxKlan 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 color2) 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)II. Limitations on the Commerce ClauseA. United States v. Lopez1. 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 Clause2. Lopez claimed the law was unconstitutional because:a. A school isn’t a business – Supreme Court says that a school is a businessb. Lopez didn’t effect the operation of the business – the Supreme Court agreed and had to release LopezB. Laws based on the Commerce Clause must ONLY effect businessesIII. 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 StatesA. If a state can justify it they can interfere with Interstate Commerce1. Maine v. Taylor – Civil Casea. Law saying that you are not allowed to bring fishing bait from other states into the state of Maine1) This was justified by saying they needed to protect the ecosystem for their lobster which is a huge source of commerce in Maine2. Hughes v. Oklahoma – Criminal Casea. Can’t bring minnows into Oklahoma1) Oklahoma was unable to justify this law because they haveno basis in the fishing business at all3. Precedent doesn’t always work in the case of the Supremacy ClauseIV. Power to Tax (both States and the National Government have this power)A. Can be used as a regulatory tool for businesses1. 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 age2. Same thing applied to the legal blood alcohol level (changed from 0.1 to 0.08)V. Contract Clause (mostly historical)A. Not usually brought up in courtB. Minnesota voided the retirement clauses of other states retirement funds on accidentC. Another example is the Gay Marriage Debate as marriage is technically a contractin the governments eyesVI. Bill of Rights (First Ten Amendments to the Constitution)A. Originally the Bill of Rights ONLY applied to the National GovernmentB. Barron v. Baltimore1. Baltimore wanted to dump dirt on Barron’s docka. Barron claimed due process under the 5th Amendment but at the time that Amendment didn’t apply to State Governments2. 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 Amendment3. New York Sedition Law – can’t propagandize for or against the Nations involved in WWIa. The New York Sedition Law was declared unconstitutional1) This expanded the due process law to:a) Freedom of speech andb) Freedom of the Press2) Created the Doctrine of Incorporationa) Applies the Bill of Rights (excluding the 3rd Amendment, Right of Indictment, and Right to an Attorney) to criminal cases in States3) Reverse Doctrine of Incorporationa) Makes the 14th Amendment Apply to the National Governmenti) National Government must provide “Equal Protection” to anyone4) 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