SMG LA 245 Lecture Notes - Lecture 5: Flag Desecration, Dominick Fernow, Imminent Lawless Action
Document Summary
1: legislative: power to make law (article 1, executive: power to enforce law (article 2, judicial: power to interpret law (article 3) Between states and federal government: federal government may only legislate in areas specified in the constitutions (article 1, section 8, examples: Declare war; raise and support armies: otherwise everything else is in the power of the states, commerce clause: congress has the power to regulate commerce among the several states. what does this mean. Wickard v. fillburm does not require that goods travel from one state to another . United states v. lopez: possession of gun in a school zone had no impact on interstate commerce. National federation of independent business v. sebelius: if everyone has health insurance, their premiums go down. You can"t compel someone to buy from a private marketplace. If you neglected aca, you were taxed, which is a power within. Congress, it was a proper tax (not commerce clause)
