• Save
Congressional Power and the Commerce Clause
Upcoming SlideShare
Loading in...5
×

Like this? Share it with your network

Share

Congressional Power and the Commerce Clause

  • 3,040 views
Uploaded on

First of two-part lecture on Congressional power given to students of the University of Muenster foreign law program.

First of two-part lecture on Congressional power given to students of the University of Muenster foreign law program.

More in: News & Politics
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
3,040
On Slideshare
2,969
From Embeds
71
Number of Embeds
1

Actions

Shares
Downloads
0
Comments
0
Likes
0

Embeds 71

http://blackboard.rider.edu 71

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. U.S. Constitutional Law Legislative Powers: The Commerce Clause
  • 2. Congress
    • Two Houses
      • Senate – 100 members, two from each state, six-year terms (staggered).
        • Filibuster & Cloture
        • Confirms Executive and Judicial appointments
      • House – 435 members, number per state depends on population, two-year terms.
        • Power of the purse
    • Removal by 2/3 vote
    • Censure (punishment) by majority vote.
  • 3. House of Representatives
  • 4. Lawmakers
    • Legislative Branch = lawmakers
    • But they do much more:
      • Administrative powers
      • Taxing & Spending powers
      • Supervisory powers
      • Establishment powers
      • War powers
      • Regulatory powers
  • 5. Taxing Power
    • Under Articles of Confederation, Congress had no taxing power.
    • Historical difference between direct v. indirect and revenue raising v. regulatory, but not today.
      • Although, it's unlikely that a direct tax on property would be constitutional.
      • As long as there is some connection to revenue raising, tax will be allowed.
  • 6. Spending Power
    • Congress has broad powers to spend to advance “general welfare.”
      • Congress may spend in any way it believes will serve general welfare so long as it does not violate another constitutional provision.
      • Can use spending power to regulate
  • 7. Definitions
    • Interstate – crossing state borders
    • Intrastate – activity within state borders
    • Federalism - A system of government in which power is divided between a central authority and constituent political units.
    • Sherman Anti-Trust Act – outlaws monopolies, encourages competition.
  • 8. Commerce Clause
    • Art I, § 8: “The Congress shall have the power . . . [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes . . . .”
    • What's really at issue here?
      • Federal v. State powers
    • Key questions are:
      • What is “interstate”
      • What is “commerce”
  • 9. What is Interstate
    • “among the several states” = Interstate
    • concerning more than one state
    • Generally, Congress may regulate when commerce has interstate effects, even if the commerce occurs within a single state.
  • 10. What is Commerce
    • Definition has changed over the years:
    • Original definition – commerce includes all phases of business, including navigation (Gibbons v. Ogden)
    • 1887-1937 – only the end phase of business (that actual exchange of goods).
      • Does not include production, manufacturing, mining, etc.
    • 1937-1995 – Congress could regulate any activity if there was a substantial effect on interstate commerce.
      • expressly rejecting exclusion of production process
  • 11. Heart of Atlanta Motel v. U.S.
  • 12. Questions
    • What are some of the key characteristics of the Heart of Atlanta Motel?
    • Why did the motel get sued?
    • What arguments does the motel raise as a defense?
    • What does public accommodations mean?
    • The Court struck down civil rights laws in the late 1800s. Why is this earlier case deemed not to be precedent by the Court?
    • Why does the court reject defendant's claim that is only involved in local commerce?
  • 13. Other Examples
    • National Labor Relations Act
      • fair employment practices, collective bargaining, create board to enforce labor laws.
    • Fair Labor Standards Act
    • Agricultural Quotas, even for self use!
    • Regulation of surface mining
    • Application of civil rights laws to local restaurant
  • 14. United States v. Lopez
  • 15. Questions
    • What federal law is being challenged in this case?
    • What does Chief Justice Rehnquist say are the three areas that modern Commerce Clause cases have allowed Congress to regulate?
    • Which one of these three areas of regulation are at issue in Lopez?
    • Why does Rehnquist say that Lopez is different than the far reaching case of Wickard?
    • How does the Government claim that the federal law does substantially affect interstate commerce?
  • 16. Questions Continued
    • Why does Rehnquist reject the Government's position?
    • Why does Justice Kennedy think the law falls outside of the Commerce Clause power?
  • 17. Post-Lopez
    • Congress has the power to regulate only
      • the channels of commerce,
      • the instrumentalities of commerce, and
      • action that substantially affects interstate commerce
    • Violence Against Women Act (U.S. v. Morrison)
  • 18. Gonzalez v. Raich (2005)