BUS 221 Lecture Notes - Lecture 2: Dormant Commerce Clause, Commerce Clause, Supremacy Clause

• School: Elon University
• Department: Business Administration
• Course: BUS 221
• Professor: Amy Allen

Document Summary

Article 6: the constitution and all federal law shall be the law of the land. When the federal law dominates an area of the law so much so that it is evident that congress decided that federal law needed to control an entire area. Law must be necessary to promote a compelling government interest. Law must be substantially related to important government objective. Law must only have a rational basis related to a legitimate government interest. Business" express their opinions through marketing/advertisements and nancial endorsements. If it does in any way even if this impacts intrastate trade the federal government has the authority. The sc has interpreted the commerce clause to mean that the national government has the exclusive authority to regulate commerce that substantially a ects trade and commerce among states. This grant of authority to the national government is the positive aspect of the commerce clause.