BUL 4421 Lecture Notes - Lecture 5: Enumerated Powers, Commerce Clause, Supremacy Clause

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9 Jun 2016
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9-4-15
Chapter 5 constitutional principles
Federal government
Form on government where states form a union and the sovereign power is divided
between national government and various states.
Shares power between national and state governments
National government has limited, enumerated powers
Regulatory powers of states
Enumerated in the 10th amendment
Full faith and credit clause
Applies on,y to civil matters
Requires states to,afford full faith and credit to the public acts, records and judicial
proceedings of every other state
Ensures judicial decisions respecting property rights honored and enforced in all states
Secretion of powers
Government provides checks and balances among three branches
oLegislative (congress): create laws
oExecutive (president/agencies): enforce laws
oJudicial (federal courts): interprets laws
Commerce clause
Since 1824, gibbons Ogden, the Supreme Court interpreted the commerce clause to,per
it congress to regulate both
oInterstate commerce: two or more states
oIntrastate commerce: within a state
Dormant commerce clause
Grants congress the power to regulate commerce among the several states
US courts have interpreted this clause to include the negative converse – prohibiting
states from passing laws that improperly burden or discriminate against interstate
commerce
Supremacy clause
Constitution provides that the constitution laws and treaties of the United States are the
supreme law of land
Federal constitutional and actuators law and treaties supersede/trump their state
counterparts due to the supremacy clause
Police powers
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