BLAW 2301 Lecture Notes - Commerce Clause, Supremacy Clause, School Zone

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Document Summary

The constitution is a series of compromises about power. Federalism: dividing the political power between the national and state governments. The rights needed by individuals to pursue their lives without interference from government or other individuals. Bills of rights ensures the individual rights the first 10 amendments. State legislative power: the dormant aspects hold that a state statue discriminating against interstate commerce is almost always unconstitutional. If there is a conflict between the federal and state statues, then the federal statue controls the issue, and state statue voids: state law prevails only if there is no opposing law. Protected rights: constitutional rights generally protects only against governmental rights: incorporation: extended all the important constitutional protection to all levels of national, state, and local government. Rights guaranteed at one level is incorporated to all other levels: 1st amendment: free speech. Congress shall make no law abridging the freedom of speech.

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