LEGL 2700 Lecture Notes - Lecture 6: Prior Restraint, Establishment Clause, Commerce Clause
7 Feb 2018
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The constitution & the commerce clause: structure of the constitution, article iv. Ensures one nation will provide work for citizenship and commercial activities: full faith and credit clause. States within the us have to respect the public acts, records, and judicial proceedings of every other state: privileges and immunities clause. Prevents a state government from discriminating in favor of its citizens and against citizens of another state. Emphasizes national rather than state citizenship: separation of powers. Federalism, national v state v local: supremacy clause. Article vi, makes it clear that the constitution is the supreme law of the land, courts may be called upon to decide if a state law is invalid because it conflicts with federal law: preemption. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional. Applies to federal statutes as well as regulations of federal agencies: contract clause.
