Political Science Pol Sci 3403 Lecture Notes - Lecture 37: Supremacy Clause, Rational Basis Review
12 Jun 2016
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Gibbons federal law has come in conflict with the state law, federal law should win because of supremacy clause a. ii. Gibbons 1824 commercial intercourse it"s more than just the buying and selling of goods, it"s more than that commercial intercourse is pathways to moving goods going from regulating things to pathways b. ii. Today the court defines commerce as channels; instrumentalities . Roads, highways, internet, waterways; cars, people, online goods: among c. i. How does one differentiate between interstate and intrastate commerce? c. ii. Today activities with a substantial effect on interstate commerce even if the activities are intrastate/local c. ii. 1. Gibbons 1824 prescribe rules; trust congress huge deference to congress they have the expertise on what"s best for the country d. ii. Today trust congress; uphold if congress has rational basis for believing that regulated activity has a substantial effect on interstate commerce.
