MGT 201 Lecture Notes - Lecture 4: Symbolic Speech, Quasi, Supremacy Clause
5 Apr 2016
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Federal v. state: supremacy clause- us consituion trumps state consituions i. Pre-empion- congress can pass a law (using pre-empion languange) restricing legislaive powers to the state on that subject. Can remove an oicial for criminal acts ii. iii. Detainees can seek relief from unlawful imprisonment: commerce clause, regulaion i. No states can surpass federal trade rules ii. Interstate commerce: states can regulate state commerce a. Wv can sell to wv and not follow ^^ rules if they only sell in wv: fdr- wicker v. filmore? a. b. Fdr wanted to stack the courts for his social programs. Your violaion of regulaion has an impact on interstate commerce b. State taxaion: federal power greatly expanded over ime, federal & state conlict, exclusively federal, exclusively local, dual regulaion i. No federal regulaion: dormat commerce clause a. b. c. If states fail any of these two it is unconsituional: state taxaion. Clause: form of regulaion b, apporionment, nexus or taxable situs i. ii.
