MGT 401 Lecture Notes - Lecture 5: Supremacy Clause, Commerce Clause, Commercial Speech

• School: University at Buffalo
• Department: Management and Policy
• Course: MGT 401
• Professor: Willliam Savino

Document Summary

Congress may regulate any activity that has a substantial economic effect on interstate commerce. Interstate commerce does not require that things travel from one state to another. The dormant or negative aspect of the commerce clause governs state efforts to regulate interstate commerce. The dormant aspect holds that a state statute which discriminates against interstate commerce is almost always unconstitutional. The supremacy clause: states that the constitution, and federal statute and treaties, shall be the supreme law of the land. If there is a conflict between federal and state statutes, the federal law preempts the field, meaning it controls the issue. Even in cases where there is no conflict, if congress demonstrates that it intends to exercise exclusive control over an issue, federal law preempts. Thus state law controls only when there is no conflicting federal law and congress has not intended to dominate the issue. Article ii of the constitution defines executive power.