LGS 200 Chapter Notes - Chapter 5: Commerce Clause, Dormant Commerce Clause
3 Feb 2017
School
Department
Course
Professor
Document Summary
States have power to regulate private and business activity within their borders. States may enact laws that protect or promote the public health, safety, morals, and general welfare as long as the laws do not unduly burden interstate commerce. When it does not impose a discriminatory law on out of state businesses. The state law is legitimate effort to regulate health, safety, and welfare. The controlled substances act - clearly congress chose to regulate this area of commerce. There are 11 states thus far that have passed laws similar to california, legalizing medical marijuana. In areas where the federal government has chosen not to regulate commerce, but has the power to regulate, this area is subject to the dcc. A state may regulate these areas, but dcc prohibits the state"s regulation from unduly burdening ic. Congress may expressly provide that federal statute exclusively regulates an area or activity. More frequently, federal, state, and local governments have concurrent power.
