BLS 342 Lecture Notes - Lecture 4: Dormant Commerce Clause, Commerce Clause, Chaplinsky V. New Hampshire
7 Mar 2017
School
Department
Course
Professor
Document Summary
Federalism: the authority to govern is divided between federal and state governments. Supremacy clause: located in article vi of the constitution, that constitution, laws, and treaties of the u. s. constitutes supreme law. Commerce clause: states that u. s congress has the power to regulate commerce with foreign nations, and among states. Police power: residual powers retained by each state to safeguard the health and welfare of the citizens. Dormant commerce clause: (concept not written)restriction of states authority to pass laws that substantially affect interstate commerce. Article i, section 8 of constitution gives federal gov. power to lay and collect taxes, duties, imports, and excises. Privileges and immunities clause: prohibits states from discriminating against citizens of other states. Full faith and credit clause: requires courts in all states uphold contracts and public acts established in other states. First 10 amendments to constitution are bill of rights. Whether speech is obscene: if reasonable person would not believe they are free to leave.
