BUSA2106 Lecture 8 Outline of Last Lecture I Alternative dispute resolution Outline of Current Lecture I Separation of powers checks and balances II Federalism III Commerce clause dormant commerce clause Current Lecture The U S Constitution is about government power Framers of the Constitution were suspicious of the power of the federal government so they created the constitution to limit the power of the government How did they limit government power 3 types of limits Separation of powers checks and balances within the federal government Federalism federal and state governments share power Individual constitutional rights limits on what the government can do to people Federalism Federal government has limited powers given by the Constitution Power divided between federal and state Governments States have unlimited power which is not determined by the constitution However state laws or regulations cannot interfere with federal government power The Federal government is an exclusive entity meaning that the power listed under the constitution pertains only to the federal government i e Regulate interstate commerce Declare war Establish post office control borders Negotiate treaties Concurrent both entities share power Everything else is exclusive only to state Commerce Clause Article 1 Section 8 The Congress shall have the power to regulate Commerce with foreign Nations and among the several States and with the Indian tribes Congress is authorized to regulate Foreign commerce Commerce with Indian tribes Interstate commerce Commercial activity that crosses a state line Intra state commerce Channels Instrumentalities Commerce Dormant Commerce Clause Example Georgia passes a law requiring a curved type of mudguard on trucks operating in the state Straight mudguards are illegal in Georgia though they are legal in 35 other states In Florida straight mudguards are required There is some evidence to suggest that curved mudguards are safer than straight mudguards Is there a problem with Georgia s law The problem is that Georgia s law interferes with the federal government regulations on commerce which commerce is an exclusive power
View Full Document
Unlocking...