BALW20150 Lecture Notes - Lecture 7: Campaign Finance, Search Warrant, Commercial Speech
25 Jan 2018
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Document Summary
Contributed to unity of american citizens by protecting their rights from state to state. Meant to make it more difficult for national government to use its powers. Commerce clause: constitutional power delegated to national govt to regulate interstate commerce to prevent states from establishing laws and regulations that would interfere w/trade and commerce among states. Courts interpret commerce clause as only to commerce b/w states (interstate) and not within states (intrastate) Changed in 1824 gibbons vs ogden ruled that within states commerce can occur as long as the commerce substantially affected involved more than 1 state. Expansion of national powers under the commerce clause. Commerce clause became a vehicle for additional expansion of national govts regulatory powers. Power over commerce authorizes the national govt to regulate every commercial enterprise in us. Breadth of it permits national govt to legislate in areas congress has not explicitly granted power. Court held that congress can prohibit intrastate possession (csa)
