POLI 4020 Lecture Notes - Lecture 7: Dormant Commerce Clause, Commerce Clause, Supremacy Clause
Document Summary
Review of powell v. mccormack: cannot expel a member until they have been seated. Interstate commerce listed in article i section 8. Its also the power to regulate intellectual property patents, copyright, trademarks and trade secrets: 1793 congressed passed a law for registering ships, marshall rejected the argument by ogden. Courts overturned economic regulations at state and national level: laissez-faire view of economy (hands off) they argued there was a substantive due pro(cid:272)ess right. E(cid:448)e(cid:374) though it (cid:449)as(cid:374)"t listed i(cid:374) the (cid:272)o(cid:374)stitutio(cid:374) they had a right to (cid:271)e employed or employ: 1937 fdr comes up with a plan to pack the court. There is debate whether the plan made a difference. A lot of 5-4 decisions that were against congresses power turned into 5-4 upholding congresses power that regulate interstate commerce and the economy. In 1990s congress power is limited by the courts: anything that affects interstate commerce is interstate commerce.
