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PSC 2302 (97)
Lecture

PSC Chapter 8.docx

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Department
Political Science
Course Code
PSC 2302
Professor
James Curry

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PSC Chapter 8 10/10/2013 6:27:00 AM Constitution and Private property  Property is a “vested right” which is beyond the control of government  The constitution placed limits on government interference with private property rights Constitutional limitations on property regulation  Article I, section 10 o No state shall:  Coin money  Emit bills of credit  Make any Thing but gold and silver coin a tender in payments of debts  Pass any law impairing the obligations of contracts (the Contract Clause)  Due process of law clause in 5 thamendments (also in 14 th amendment which applies to state governments o No person shall be deprived of life, liberty, or property without due cause  5 thamendment “Just Compensation Clause” o …Nor shall private property be taken for public use without just compensation o the “taking” of private property for public use is known as “eminent domain” Kelo v. City of New London (2005)  5-4 supreme court majority expands meaning of “public use” by upholding a city plan to condemn private property for commercial purposes o ruled that an economic development plan to revitalize city was a legitimate reason o the property eventually would be given to private parties for development  is this public use? Court says yes! Economic regulation  This is most evident in the Commerce Power. o The power of Congress to regulate commerce with foreign nations (foreign commerce) and among the several states (interstate commerce)  Question: if Congress has the power to regulate commerce, than that should mean that congress can regulate anything that is defined as commerce. True or false? Commerce power  Who can regulate it?  Gibbons v. Ogden (1824) o Facts: Gibbons and Ogden, former partners, began to compete in the steamboat business. Ogden has an “exclusive right” to use New York ports, granted by the state. Gibbons simply had a Federal Coastal Navigation license-as required by the U.S. Congress o Question: when a state and federal law are in conflict over commerce, which law should prevail? o Holding: John Marshall ruled that Congress has exclusive power over commerce Selective exclusiveness  Later courts began to draw some distinctions: o Chief Justice Roger Taney argued that states might be able to regulate some areas of interstate commerce as long as the Congress had not already acted o Congress had exclusive power over commerce only where it has chosen to use it o Doctrine of “selective exclusiveness” Commerce history  But, eventually, we have come to recognize that the national government has almost complete authority even over some aspects of intra-state commerce (commerce that is entirely within a single state)  In the Shreveport Rate Cases (1913) the Supreme Court said that the federal government can regulate in-state commerce that has an effect on interstate commerce What is commerce  1824 Gibbons v. Ogden: it is “commercial intercourse for the purpose of trade”  this includes not only the items that are being transported but the means of transportation as well (steamboats, in the case of Gibbons v. Ogden, but later to include railroads and other forms of transportation)  key development: passage of the Sherman Anti-Trust act in 1890. Made illegal any monopoly that was in restraint of trade in interstate commerce  but, many businesses opposed more federal regulation of commerce United States v. EC Knight (1895)  Court severely limited the Sherman Act by ruling that manufacturing is not commerce. (therefor, congress cannot regulate it). So, if congress is not manufacturing  What is it? Swift and Company v. United State (1905)  Justice Holmes‟ opinion compared commerce to a “stream” or “current” of activity  The Stream of Commerce Doctrine  Cattle taken from a place in one state to another state, with only the interruption of being sold at the stockyard, are part of a “current of commerce” Commerce as “Police Power”  Government traditionally possesses powers to “police” society in areas such as: o Health (food, drug, clean water, etc) o Safety (working conditions, etc) o Morals (smoking, drinking, sex, gambling) o Welfare (shelter, education, etc) The new deal and the court  Franklin D. Roosevelt‟s new deal o Passage of many new laws during “first hundred days” of administration in 1933 o By 1936, the Supreme Court had struck down eight of ten major New Deal laws  Saw new deal as a federal attempt to invade state power and violate “laissez faire” economics o Roosevelt wins re-election in 1936 with 61% of vote Supreme court after 1937  U.S. V. Darby (1941)  Background: the fair labor standards act of 1938 provided for a national minimum wage of 25 cents per hour and a mandatory maximum 44-hour work week. It also prohibited employment of children in interstate commerce  Applied to all workers whose jobs affected interstate commerce  Question: does the Darby lumber company in rural Georgia that employs people to process timber into lumber that  Ruling: the fair labor standards act is a constitutional us
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