Article I, Sec.

8 10th Amendment

Enumerated powers Powers not granted to the national government are reserved to the States respectively or to the people Congress shall have the power to regulate Commerce among the several States. 1. Congress may regulate the use of channels of interstate commerce. 2. Regulate instrumentalities of interstate commerce. 3. Necessary & Proper Clause + Commerce Clause = authority to regulate any economic activity that has a substantial relationship with interstate commerce or that substantially affects commerce. (substantial affects test)

United States v. E.C. Knight Co.

Article 1, Sec. 8 : Power to Regulate Interstate Commerce Commerce any activity involved in the commercial exchange of goods and services; and the marketing, purchase, and transportation of those goods is not. Interstate commercial exchanges that involve activity occurring in more than one state. Regulate power to prescribe the rules under which commerce shall be transacted including the power to prohibit particular transactions.

Gibbons v. Ogden United States v. Darby

Exclusive State enclave since the activity is inherently local in nature. (ex. manufacturing, agriculture, mining, production) Darby adopted the substantial affects destroyed the test. Darby court enclave theory and the notion that certain activities were automatically off limits to fed reg. Pursuant to Commerce Clause and the N&P Clause congress may regulate any local economic activity that substantially affects interstate commerce.

Necessary and Proper Clause (Art. 1, Sec. 8) (1) let the end be legitimate; (2) let it be within the scope of the constitution; and (3) all means which are appropriate (4) which are plainly adapted to that end (5) consistent with the letter and spirit of the constitution

As a means to execute all constitutionally granted powers.

McCulloch v. Maryland

Commerce Clause & Civil Rights

Congress has used the commerce power as a source of govt authority to prohibit various forms of discrimination.

Heart of Atlanta. v. US Katzenbach v. McClung

Structural Argument: Constitution is a foundational charter it created a system of government designed to address problems of national concern. Specific grants of power could not outlines governments authority but could not describe details of future contingencies. Constitution vested Congress authority to select reasonable means to exercise its constitutional responsibly. Congress could have reasonably concluded that racial discrimination by motels serving interstate travelers substantially affected interstate commerce. 46% of the food it served was purchased from a local supplier who had procured it form outside

Commerce Clause on Noneconomic activity

Sufficiently substantial relationship or substantial effect validates the exercise of power. Morrison rejected the argument that Congress may regulate noneconomic, violent criminal conduct based solely on that conducts aggregate effect on interstate commerce.

United States v. Lopez United States v. Morrison

the State. Congressional hearings, citing evidence that racial discrimination by restaurants had a depressing effect on the economy. Where economic activity substantially affects interstate commerce, legislation regarding that activity will be sustained. To come in the realm of economic activity one of two standards must be satisfied: either the activity being regulated must itself be properly characterized as economic in nature or the regulation of the activity must be an essential part of a larger regulation of economic activity Becomes a general police power reserved for the States.

Activity that is within both Commercial and noncommercial activity.

Gonzales v. Raich

An activity may qualify as being economic in nature even though it is not itself commercial in that the goods are not produced for sale. Economics refers to the production, distribution, and consumption of commodities that embraced the respondents personal cultivation and use of marijuana.

Power to Tax and Spend (Art. 1, Sec. 8) Congress may lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States. What is a Tax? 1) Does the measure operate as a Tax? Does it raise some revenue? 2) Is the Law Penal or Prohibitory?

United States v. Butler Helvering v. Davis South Dakota v. Dole

Some revenue Test: if Sonzinsky v. United States any measurable amount of United States v. Kahriger revenue is generated by the law at issue. Child Labor Tax Case US v. Constantine Penal or Prohibition

Test: When in addition to the normal and ordinary tax fixed by law, an additional sum is to be collected by reason of conduct of the taxpayer violate of the law, and the additional sum is grossly disproportionate to the amount of the normal tax, the conclusion must be that the purpose is to impose a penalty as a deterrent and punishment of unlawful conduct. Limitations on the Power to Tax (Art. 1, Sec. 8) Taxes must be geographically uniform thought the US in the sense that the tax must operate with the same force and effect in every place where the subject of it is found. Spending Power If the spending is directed toward the common defense or the general welfare then it

Not coercive in Nature leaves the subject a power of choice

United States v. Butler Buckley v. Valeo South Dakota v. Dole

Spending Program was disguised effort to regulate production. 2 reasons: 1) Program was not fully voluntary if the

falls within the authority granted by the power to tax and spend In practice the Court has left it to Congress to determine the scope of general welfare. Federalism The government is shared by 2 sovereigns, one national, the other state.

farmers refused to accept the governments offer they would be placed at a substantial competitive advantage.

Rule of construction that limits the defined scope of constitutionally granted powers. The principle of federalism may function as an independent check on the exercise of a granted power. They were being treated as administrative agents of the federal government, commandeered into federal service. Such a coercive invasion of state sovereignty violated principles of federalism and the 10th Amendment.

National League of Cities v. Usery (5-4) overruled by Garcia v. San Antonio Metropolitan Transit Authority. New York v. United States resurrected National League of Cities

Federalism as a check on national power. Although the Fair Labor Standards Act fell within the scope of commerce power. The court held that the enforced application of the FLSA to the state violated the principle of federalism invaded state sovereignty. Garcia returned the 10th Amendment to the truism model Congress can directly regulate the states as part of a broader federal regulatory scheme that also regulates private conduct. New York promote

Supremacy Clause Article IV

State law must conform to the dictates of the Constitution and yield to constitutionally valid federal law whenever a conflict between the two arises. 2 Categories: 1) When there exists a potential conflict between federal and state law. If a conflict is established the federal law is said to preempt state law. 2) If the state law disrupts a federal program, the state law must give way to federal law. The fed govt and its instrumentalities are immune from stateimposed interference.

McCulloch v. Maryland Gibbons v. Ogden

availability of disposal sites for low-level radio active waste. Take-title provision essentially gave states 2 options: take title or regulate according to the congressional scheme. Power to tax was the power to destroy. New York could not prevent vessels licensed by the federal government from engaging in the coastal trade on the navigable waters of NY. (preemption case)

The Preemption Doctrine

3 Circumstance: Gade v. National Solid 1) Express preemption; Wastes Management congress expressly Assoc. describes the extent to which a federal enactment preempts state law, there is express preemption and any state law contrary to that express design will be preempted. 2) Conflict preemption; when state law clashes with fed by imposing inconsistent obligations on affected parties by interfering with the objectives of the fed scheme. 3) Field preemption; if a state law operates within a field of law that congress intends the federal government to occupy exclusively, the state law will be preempted

Separation of Powers Constitution divides powers of the national government among 3 different branches: legislative, executive, judicial. These limitations exist not for the benefit of each branch as such, but as a means of safeguarding the rights of individuals. ***Separation of powers issues often pose special problems of standing and ripeness

One branch has usurped or encroached upon the functions of another. Unwarranted encroachment by the other branches Violated where one Branch invades the territory of another; it is irrelevant whether or not the encroached-upon Branch approves. Article I: Legislative powers Article II: Executive powers Article III: Judicial Power

Boumediene v. Bush New York v. United States Immigration and Naturalization Service v. Chadha United States v. Nixon Youngstown Sheet & Tube Co. v. Sawyer Hamdan v. Rumsfeld

2 different types of arguments: 1) involves textual approach: a textual separation of powers argument would arise if any of these provisions were violated. 2) structural or functional approach: arise if one branch aggrandizes itself by encroaching upon or usurping functions. Youngstown arguably left open the question of whether the President may exercise lawmaking power in a national emergency to deal with contingencies Congress has not had an opportunity to address.

The Nondelegation doctrine (separation of powers)

`Justices have routinely upheld statutes that confer lawmaking authority on the executive branch and even on the fed judiciary.

Mistretta v. United States

Upholding law authorizing Sentencing Commission, an independent entity within the judicial branch, to promulgate sentencing guidelines from the federal courts. Congress often lacks the time and expertise to develop intricate rules and regulations for many areas covered by federal regulation. Supreme court declared the Line Item Veto Act unconstitutional because it gave the President practical and legal authority to amend acts of Congress by unilaterally repealing portions of it.

The Line Item Veto Could be exercised by the President to cancel items of new spending to rescind any dollar amount of discretionary budget authority, and to cancel any new limited tax benefits.

Violated the finely wrought lawmaking procedure.

Clinton v. New York

The Legislative Veto

Instead of adopting a general rule, the House Article I, Sec. 7: had made its own Bicameralism mandates determination that that a legislative act of Chadha did not comply Congress must be with certain statutory approved by both House & criteria. The type of Senate. action, in which an existing statutory rule is applied to the facts of a particular case, involves an adjudicatory function traditionally performed by the courts or by administrative agencies within the executive branch. The Appointment of Fed Appointments Clause of Morrison v. Olson Officers (Classifying Article II, Sec. 2 provides Particular Government that principle officers Positions) must be appointed by the Prez with the Advice and Consent of the Senate The Appointments Clause of Article II, Sec. 2 also gives Congress a menu containing 4 options for the appointment of inferior officers.

House of Representatives passed a resolution blocking the attorney generals decision to suspend the deportation of an alien. This oneHouse legislative veto amounted to legislative action because it affected the rights and duties of both the alien and the attorney general.

(1) The nature and extent of the officials duties and whether or not they include policymaking functions; (2) the amount of independence and source of supervision e.g. whether the official answers directly to the President, to a principle officer, or to someone lower in the government hierarchy and (3) the

Declaring War & Initiating Hostilities

By the Constitution Congress alone has the power to declare a national or foreign war, but if a war be made by invasion of a foreign national or foreign war, but if a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.

The Prize Cases

positions tenure in terms of whether it is continuing, temporary, or intermittent, and the circumstances under which the official may be removed. Upholding President Lincolns decision to declare a blockade of southern ports without a formal declaration of war from Congress.

Executive Immunity: Immunity from suit

Fed executive branch Clinton v. Jones officials have qualified immunity from Civil Damages Actions based on their having violated a persons constitutional or statutory rights. The executives ability to function would be severely impaired if federal officers knew that any action on their part was later determined to have been unlawful would expose them to personal damages liability. Not only would such a rule be unjust, but the threat of such liability

The Presidents absolute immunity from damages liability for acts within the outer perimeter of his official duties does not extend to lawsuits arising from conduct that occurred before the Prez took office. Since the suit did not involve any of Clintons official duties as President, the primary rationale for the immunity doctrine to i.e., avoid rendering the President unduly caution in the discharge of his official duties Presidents presumptive privilege, which was based only on the generalized interest in confidentialitycannot prevail over fundamental demands of due process of law in the fair administration of criminal justice.

Executive Privilege for Presidential Communications

This privilege for presidential conversations and correspondence reflects the reality that The executive privilege for without some assurance presidential of confidentiality, those communications is who advise the President qualified rather than may feel a need to temper absolute. candor with a concern for appearances and for their

own interests to the determent of the decision making process Dormant Commerce Clause 3 Types of Laws at Issue: 1. Laws whose purpose is to regulate interstate commerce, or whose effect is to control out-ofstate transactions. 2. Laws that discriminate against interstate commerce. 3. Laws that do not discriminate against, but nonetheless burden interstate commerce. Where Congress has not legislated under the Commerce Clause and the clause thus remains dormant. Must meet 1of 5 Judging constitutionality: 1. Rationally related to a legitimate state purpose? 2. Practical effect of regulating out-of-state transactions? 3. If law discriminates is it the least discriminatory means? 4. Are there burdens on interstate or foreign commerce? 5. Is it the least burdensome means for the state to achieve its goal? Kassel v. Consolidated Freightways Corp. Five Justices rejected balancing in health and safety cases, as long as the benefits to the state are not trivial or illusory. Court appears unwilling to use the balancing test in any case where the challenged law confers actual benefits to the state. A plurality used the less burdensome alternative challenge to strike down an Iowa law that barred trucks longer than 55 ft from using the states highways. A trucking company challenging the Iowa statue

Dormant Commerce Clause Violation 1. Rationally related to a legitimate state purpose? 1) Law must have a legitimate purpose or goal and 2) the means chosen by the state must be reasonably adapted to attaining that end. 2. Practical effect of regulating out-of-state transactions? State law must not have the purpose of regulating interstate commerce. It is the regulatory effect on wholly out of state activities that is critical 3. If law discriminates is it the least discriminatory means? If the purpose of the discriminatory measure is economic protectionist (if it is designed to shield local interests from out-of-state competition) then the law

Legitimate State Purpose: Enacted for a purpose or goal that falls within the states so-called police powers. Under their police powers the states may regulate and tax for the health, safety, morals, and general welfare of the public. Not Legitimate: 1) Purpose of regulating interstate commerce. 2) state may not enact a law for the purpose of shielding local interests from the effects of interstate competition. Economic Protectionism Reasonably Adapted/Rational Basis Test: Deferential in making this determination.

Dean Milk Co. v. City of Madison: General Motors Corp. v. Tracy Philadelphia v. New Jersey

All pasteurized milk sold in the city had to have been pasteurized in WI and none could have been outside the state. Burden was disproportionate GM Court rejected a claim that Ohio had discriminated against interstate commerce by giving a tax exemption to regulate natural gas production companies, all of which were local entities. Because the markets were distinct. NJ could have adopted a less discriminatory alternative of slowing the flow of all wast into the States remaining landfills rather than imposing on out-of-state commercial interests the full burden of conserving the States remaining landfill space.

is invalid per se. 3 Types of Discrimination: On its face; Practical effects is to place greater burdens on out-of-state interests than on their local competitors; or as applied Dormant Commerce Clause Violation 4. Are there burdens on interstate or foreign commerce? 5. Is it the least burdensome means for the state to achieve its goal? Balancing Test: 1) identify the purpose of the regulation in question, for benefits are measured in terms of the laws goal. 2) benefits would be measured in terms of the extent to which the law actually protects consumers. In theory the state could cure this discrimination in either two ways: 1) It could increase the burdens on local commerce 2) it could reduce the burdens on interstate commerce.

Congressional Consent Consent must be clear and unambiguous. (The Dormant Commerce Clause)

New York v. United States

Market Participant Doctrine The Dormant Commerce Clause applies to the states only when they tax or regulate private trade in the national market place.

Tax Credits and Tax exemptions are never eligible for market participation exemption

If a state instead enters the marketplace as a participant, its actions are treated as being like those of a private party, and the state is except from the restraints of the dormant Commerce Clause. Basis State Sovereignty. Market forces will constrain a states tendency to act in an economically irrational way by favoring its own citizens. When the state grants tax credits or tax exemptions, it is not directly involved in the market as a buyer

Reeves, Inc. v. Stake

Low level radioactive waste policy amendments act of 1985 that authorized states with federally approved waste sites to discriminate against interstate commerce by rejecting waste from states that had not conformed with the Acts guidelines A state-owned cement plant, it restricted sales to residents of South Dakota. Because the state was acting as the seller of goods the clause did not come into play.

New Energy Co. or Indiana v. Limbach

Invalidating Ohio tax credit that discriminated against out-of-state companies. IF the court

or a seller, but instead acts in a sovereign capacity.

were to treat tax credits and tax exemptions as the equivalent of subsidies this could result in a dramantic expansion of the market participant exception.