POL 309 The Commerce Power
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This document summarizes key Supreme Court cases related to Congress's power to regulate interstate commerce under the Commerce Clause of the US Constitution. It discusses early 20th century cases that established Congress can regulate intrastate activities that substantially affect interstate commerce like Wickard v. Filburn. Later cases upheld civil rights and healthcare laws, while others placed limits, finding certain activities like growing marijuana for personal use were not economic in nature.
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CASE 2.1 Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992)
FACT SUMMARY Cipollone brought suit against
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protection statutes alleging that Liggett (and other
cigarette manufacturers) were liable for his mother’s
death because they engaged in a course of conduct
including false advertising, fraudulently misrepresenting
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Homework 1
1. A politician who is running for mayor of Riverside with 350,000 registered voters conducts a survey. In the survey, 76% of the 500 registered voters interviewed say they planned to vote for her.
A) What is the population of interest?
B) What is the sample?
C) Is the 56% a parameter or a statistic?
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63
74
42
65
51
54
36
56
68
57
62
64
76
67
79
61
81
77
59
38
84
68
71
94
71
86
69
75
91
55
48
82
83
54
79
62
68
58
41
47
3. Construct frequency and relative frequency distributions for the data using seven class intervals using Excel. Submit excel file separately.
4.
3. The following table represents exam grades from 36 students in a statistics class. Construct a pie chart using classes with grades 51-60, 61-70, 71-80, 81-90, and 91-100, using Excel. Submit excel file separately.
60
79
75
84
85
74
81
95
89
58
66
98
99
99
62
86
85
99
79
82
98
72
72
72
75
88
86
81
96
86
78
91
83
85
92
68
4. The following data represents the years of service for 10 employees at a particular company.
(Show mathematical steps in detail to receive full credit)
8
11
6
2
11
6
5
6
10
15
A) Calculate mean, and variance
B) Calculate 75th percentile
C) Determine the quartiles
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CRITICAL LEGAL THINKING
Why was the Supremacy Clause added to the U.S. Constitution? What would be the result if there were no Supremacy Clause?
The Commerce Clause of the U.S. Constitution grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.”6 Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than any other provision in the Constitution. Among other things, this clause is intended to foster the development of a national market and free trade among the states.
Commerce Clause
A clause of the U.S. Constitution that grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.”
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When the United States was first founded more than 200 years ago, it consisted of the original 13 colonies, all located in the east, primarily on the Atlantic Ocean. At that time, these colonies (states), in the U.S. Constitution, delegated to the federal government the authority to regulate commerce with the Native American tribes—in both the original 13 states and the territ.
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Similar to POL 309 The Commerce Power
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Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading.
Format your paper consistent with APA guidelines.
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CASE 2.1 Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992)
FACT SUMMARY Cipollone brought suit against
Liggett for violation of several New Jersey consumer
protection statutes alleging that Liggett (and other
cigarette manufacturers) were liable for his mother’s
death because they engaged in a course of conduct
including false advertising, fraudulently misrepresenting
the hazards of smoking, and conspiracy to deprive
the public of medical and scientific information about
smoking. Liggett urged the court to dismiss the state
law claims contending that the claims related to the
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were preempted by twCASE 2.1 Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992)
FACT SUMMARY Cipollone brought suit against
Liggett for violation of several New Jersey consumer
protection statutes alleging that Liggett (and other
cigarette manufacturers) were liable for his mother’s
death because they engaged in a course of conduct
including false advertising, fraudulently misrepresenting
the hazards of smoking, and conspiracy to deprive
the public of medical and scientific information about
smoking. Liggett urged the court to dismiss the state
law claims contending that the claims related to the
manufacturer’s advertising and promotional activities
were preempted by two federal laws: (1) the Federal
Cigarette Labeling and Advertising Act of 1965, and
(2) the Public Health Cigarette Smoking Act of 1969.
SYNOPSIS OF DECISION AND OPINION The
U.S. Supreme Court ruled against Cipollone, holding
that his claims relying on state law were preempted by
federal law. The Court cited both the text of the statute
and the legislative history in concluding that Congress’s
intent in enactment of the laws was to preempt
state laws regulating the advertising and promotion of
tobacco products. Because Congress chose specifically
to regulate a certain type of advertising (tobacco), federal
law is supreme to any state law that attempts to
regulate that same category of advertising.
WORDS OF THE COURT: Preemption “Article VI of
the Constitution provides that the laws of the United
States shall be the supreme Law of the Land. Thus,
[. . .] it has been settled that state law that conflicts
with federal law is ‘without effect.’ [. . .] Accordingly,
‘the purpose of Congress is the ultimate touchstone’
of pre-emption analysis. Congress’s intent may be
‘explicitly stated in the statute’s language or implicitly
contained in its structure and purpose.’ In ...
Homework 11. A politician who is running for mayor of Riverside .docx
Homework 1
1. A politician who is running for mayor of Riverside with 350,000 registered voters conducts a survey. In the survey, 76% of the 500 registered voters interviewed say they planned to vote for her.
A) What is the population of interest?
B) What is the sample?
C) Is the 56% a parameter or a statistic?
2. The grades on a statistics exam for a sample of 40 students are as follows:
63
74
42
65
51
54
36
56
68
57
62
64
76
67
79
61
81
77
59
38
84
68
71
94
71
86
69
75
91
55
48
82
83
54
79
62
68
58
41
47
3. Construct frequency and relative frequency distributions for the data using seven class intervals using Excel. Submit excel file separately.
4.
3. The following table represents exam grades from 36 students in a statistics class. Construct a pie chart using classes with grades 51-60, 61-70, 71-80, 81-90, and 91-100, using Excel. Submit excel file separately.
60
79
75
84
85
74
81
95
89
58
66
98
99
99
62
86
85
99
79
82
98
72
72
72
75
88
86
81
96
86
78
91
83
85
92
68
4. The following data represents the years of service for 10 employees at a particular company.
(Show mathematical steps in detail to receive full credit)
8
11
6
2
11
6
5
6
10
15
A) Calculate mean, and variance
B) Calculate 75th percentile
C) Determine the quartiles
COMMERCE CLAUSE
CRITICAL LEGAL THINKING
Why was the Supremacy Clause added to the U.S. Constitution? What would be the result if there were no Supremacy Clause?
The Commerce Clause of the U.S. Constitution grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.”6 Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than any other provision in the Constitution. Among other things, this clause is intended to foster the development of a national market and free trade among the states.
Commerce Clause
A clause of the U.S. Constitution that grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.”
The U.S. Constitution grants the federal government the power to regulate three types of commerce:
· 1. Commerce with Native American tribes
· 2. Foreign commerce
· 3. Interstate commerce
· Each of these is discussed in the following paragraphs.Commerce with Native Americans
Before Europeans arrived in the “New World,” the land had been occupied for thousands of years by people we now refer to as Native Americans. There were many different Native American tribes, each having its own independent and self-governing system of laws.
When the United States was first founded more than 200 years ago, it consisted of the original 13 colonies, all located in the east, primarily on the Atlantic Ocean. At that time, these colonies (states), in the U.S. Constitution, delegated to the federal government the authority to regulate commerce with the Native American tribes—in both the original 13 states and the territ.
Fowl Play Note
The Supreme Court denied certiorari in Ass'n des Eleveurs de Canards et D'oies du Quebec v. Harris, declining to hear a challenge to a California law banning the sale of foie gras produced by force feeding ducks and geese. This summary argues the Court should have granted certiorari to provide clarity on Dormant Commerce Clause jurisprudence. By denying review, the Court opened the door for states to use unfair practices to control production methods in other states and restrict interstate trade.
Chapter 1
The document provides an overview of the key concepts in American law, including:
1) The main sources of law are the constitution, statutes, regulations, and common law precedents. It also discusses the differences between substantive and procedural law.
2) The US Constitution gives broad powers to regulate interstate commerce and protects individual liberties in the Bill of Rights. Notable Supreme Court cases have expanded the scope of federal power.
3) Individual rights like free speech, religious freedom, due process, and privacy are protected against government interference by the Constitution and laws. However, certain types of unprotected speech exist.
15459From a historical perspective, there aremany eras durin.docx
15
459
From a historical perspective, there are
many eras during which significant laws
were passed. However, three periods
stand out as involving major expansion of government
regulation of business activities. First,
during the New Deal of the 1930s and 1940s,
we saw the creation of securities regulations,
social security, minimum wages, and several labor
laws. During the period of the Great Society in
the 1960s and 1970s, the Civil Rights Act, Medicare,
other employment laws, and environmental
regulations were enacted. Since the turn to the
twenty-first century, a third period of expansion
has included the Sarbanes-Oxley Act, economic
recovery legislation, health care, and financial
reforms.
460 PART 4 The Regulatory Landscape for Business
While it is beyond the scope of this text to explain whether a 30-year pattern
exists and whether one of these eras is more significant than the others, it is
clear we need to address several questions related to government regulation
of business.
How do governments get the power to regulate business activities? Given
such power, how is regulation actually accomplished? What limitations are
there to the governments’ power to regulation?
This chapter attempts to answer these questions. In doing so, you should
gain a historical perspective of the constitutional provision referred to as the
Commerce Clause. First, this history shows the importance of creating one
nation as a means of facilitating business activity. Second, it demonstrates the
growth of the federal government’s powers over an extended period. Third,
this clause restricts the regulatory powers of state and local governments.
Finally, in this early twenty-first century, we will see how courts are struggling
with what limitations should be placed on the federal government’s power to
regulate business.
After reviewing the Commerce Clause, this chapter focuses on how regulation
is conducted. In the second part of the chapter, you will be introduced
to the regulatory process through administrative agencies at the federal, state,
and local levels. In addition to learning about the reasons for and functions
of agencies, the role of the courts in reviewing and enforcing administrative
rules and regulations are examined.
>> Federal Government’s Authority to Regulate
Business—The Commerce Clause
The Commerce Clause can be found in Article 1, Section 8, of the United
States Constitution. This clause declares “The Congress shall have Power . . .
to regulate Commerce with foreign Nations, and among the several States,
and with the Indian Tribes.” The Commerce Clause gives rise to the federal
government’s power to regulate business activity.
This simple-sounding clause requires analysis in the following four areas:
• Regulation of foreign commerce
• Regulation of interstate commerce
• Impact on interstate commerce
• Possible limitations on federal regulatory authority
The next four sections focus on these areas and the impact on businesses and
businesspeop ...
Blte 01
The document provides an overview of the key concepts in business law, including the common law tradition, precedent, remedies, constitutional powers of government, and individual rights and protections such as freedom of speech, religion, due process, and privacy. It discusses the historical foundations and sources of American law, including constitutional law, statutory law, administrative law, and common law. It also summarizes classifications of law such as substantive vs procedural law and civil vs criminal law.
federalism A system ofgovernment in which power isdivided .docx
federalism A system of
government in which power is
divided between a central
authority and constituent
political units.
99
5
Constitutional Principles
! THE CONSTITUTION
! FEDERALISM
! SEPARATION OF POWERS
! THE IMPACT OF THE COMMERCE CLAUSE ON BUSINESS
! THE TAXING AND SPENDING POWERS OF THE FEDERAL
GOVERNMENT
! THE IMPACT OF THE AMENDMENTS ON BUSINESS
F
iercely independent, highly individualistic, and very proud of their country
would be a good characterization of Americans. Many say there is no place
they would rather live than the United States. Much of their pride stems from
a belief that they have a strong Constitution, which secures for all individuals
their most fundamental rights. Most people, however, are not aware of precisely
what their constitutional rights are or of how to go about enforcing those rights.
This chapter provides the future business manager with basic knowledge of the
constitutional framework of our country, as well as an overview of the signifi-
cant impact of some of the constitutional provisions on the legal environment of
business.
The Constitution
The Constitution provides the legal framework for our nation. The articles of the
Constitution set out the basic structure of our government and the respective
roles of the state and federal governments. The Amendments to the Constitution,
especially the first 10, were primarily designed to establish and protect individ-
ual rights.
Federalism
Underlying the system of government established by the Constitution is the prin-
ciple of federalism, which means that the authority to govern is divided be-
tween two sovereigns or supreme lawmakers. In the United States, these two
sovereigns are the state and federal governments. Federalism allocates the power
to control local matters to local governments. This allocation is embodied in the
U.S. Constitution. Under the Constitution, all powers that are neither given ex-
clusively to the federal government nor taken from the states are reserved to the
states. The federal government has only those powers granted to it in the Con-
stitution. Therefore, whenever federal legislation that affects business is passed,
the question of the source of authority for that regulation always arises. The
Commerce Clause is the predominant source of authority for the federal regula-
tion of business, as we will see later.
C H A P T E R 5 " Constitutional Principles 101
Does the state law directly
conflict with a federal law?
If yes, the state law is
invalid under the
Supremacy Clause.
If no, does the state law
attempt to regulate in an
area where federal law is
so pervasive that it appears
that Congress intended
only federal regulation in
that area?
If yes, the state law is
invalid under the doctrine
of federal preemption.
If no, the state law is valid.
EXHIBIT 5-1
APPLICATION OF THE
SUPREMACY CLAUSE TO
STATE REGULATION
pertaining to interstate commerce, such as when a local regulation imposes a sub-
stantial burden on ...
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This document discusses the legislative branch of the US government. It covers the structure of Congress including the House of Representatives and Senate. Key powers of Congress are lawmaking, appropriations, impeachment, and oversight of the executive branch. The roles of congressional leaders like the Speaker of the House and Senate Majority Leader are outlined. The committee system and process for introducing, considering, and passing bills through both chambers is also summarized.
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This document summarizes key concepts and events related to civil liberties and civil rights in the United States. It covers 1) the differences between civil liberties, which restrict government action to protect individual rights, and civil rights, which require government action to secure rights, 2) forms of discrimination (public, private), 3) amendments and laws that advanced equality and anti-discrimination, 4) rights of Black Americans before the Civil War and the issue of slavery, 5) important court cases and legislation in the Civil Rights movement such as Brown v. Board of Education and the Voting Rights Act. It also discusses concepts like de jure vs. de facto discrimination and affirmative action policies.
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This document provides an overview of the key concepts and Supreme Court cases related to the First Amendment rights to freedom of speech, press, and religion and the Fourth and Sixth Amendment rights. It discusses things like what types of speech are protected, landmark free speech cases, the establishment clause, separation of church and state, search and seizure requirements, and the right to counsel. The document uses bolded headings, lists, and text boxes to concisely summarize important constitutional rights and legal precedents.
POL 309 Federalism
This document discusses two types of federalism in the United States: dual federalism and cooperative federalism. It also outlines two types of federal grants: block grants that give money to states for broad purposes and let local governments decide spending, increasing state power, and categorical grants for specific purposes with less state freedom and increasing federal control.
POL 309 The Judicial Branch
This document appears to be a course syllabus listing topics to be covered in a Spring 2019 political science class numbered POL 309, including advisory opinions, collusive suits, mootness, ripeness, and political questions.
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This document covers various topics related to the powers and limitations of the US President, including:
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This document summarizes key cases and concepts related to the US Congress, including Powell v. McCormack which established that a candidate meeting constitutional requirements cannot be denied their seat; term limits which the Supreme Court ruled must be established by constitutional amendment, not state law; the Speech or Debate Clause granting immunity for legislative acts; and ways Congress has delegated powers to other branches.
POL 302 Democracy and Democratization
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POL 302 Political Development
This document provides information about developed and developing societies by defining key economic, social, political, and cultural indicators of development. It lists examples of highly developed, developed, moderately developed, and least developed countries. Key terms that characterize developed societies include diversified economies, increasing per capita income, and expanded choices for citizens. Developing societies are discussed in terms of measures like citizen capability, economic resilience, and government viability. Factors that influence development, such as colonialism, natural resources, and institutions, are also outlined.
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POL 302 introduction to Comparative Politics
This document provides an overview of key concepts in comparative politics. It defines politics as who gets what, when and how. Comparative politics compares the pursuit of power across countries and examines factors like institutions, interests, ideas, and international influences. The document also discusses types of political systems, forms of government, theories of power distribution, and conceptual frameworks for understanding political culture and elite groups.
The U.S. Constitution and Foreign Policy
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The document provides instructions and content for a POL 403 foreign policy theory class. It outlines several key concepts for students to consider when developing a collective foreign policy theory, including the international system, domestic politics, governmental structure, power types, realism, liberalism, and levels of analysis. Students are asked to determine the basic goals of states, how states should behave, and be prepared to share their answers with the class. The document covers theoretical frameworks and considers factors like the role of the nation-state, rational choice theory, and defensive versus offensive realism.
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- 7. Article I, Section 8 “Congress shall have the power…to regulate commerce with foreign Nations, and among the several States” What is “regulate?” What is “commerce?” What is interstate?” What is among?”
- 11. Commerce is the intercourse of goods between nations and parts of nations Internal commerce within States or “intrastate commerce” Congress’ Enumerated Powers Border Crossing = Interstate Commerce When state and federal laws collide, the federal laws reign supreme.
- 15. Interstate Commerce Commission (ICC) First Regulatory Agency Common Standards for Railroads Challenge by Businesses Intrastate Commerce RR 0perations were local and operated by states Development of Interstate RR Systems
- 18. TheTexas Railroad Commission began charging lower rates than the ICC so that business would not go into Louisiana. The ICC ordered theTexas RR Commission to set rates at ICC levels—they refused.
- 21. Through agreements, the American Sugar Refining Company owned 98% of sugar refining business Federal government sued to have trust cancelled American Sugar countered that manufacturing was intrastate commence and subject to state control
- 27. 1895 law passed prohibiting lottery from being interstate or foreign commerce, and being sent through the mail Champion challenged arrest because activity was NOT commerce but only an “alleged evil.”
- 28. Congress could use its authority under Commerce Clause to regulate “among States.” Congress assisting states that wanted to protect public morals by prohibiting lottery. Dissent: Congress trying to legislate morality, which was part of police power given to states
- 33. Prohibited shipment in interstate commerce of: (1) Factory products made by children under the age of fourteen (2) By children ages fourteen to sixteen who worked more than eight hours per day.
- 35. No. 5–4 vote, the Court ruled for Dagenhart. Commerce Clause gives Congress power to regulate commerce, NOT to control states Should be limits on child labor, but state authority over local matters is essential Tenth Amendment
- 42. Schechter challenged the Live Poultry Code Set maximum hours of work per week Set minimum wage for workers Established health inspections and other regulations Fined for not conforming to slaughterhouse regulations and selling unsanitary poultry unfit for human consumption.
- 44. No. 9–0, the Court ruled for Schechter. Congress not permitted to give legislative powers to other branches Wage and hour requirements on business are attempt to govern details of local business. Neither the slaughter or sale of poultry involves interstate commerce.
- 55. Yes. 8-0, in favor of United States Hammer v. Dagenhart overruled Cite MarshallCourt case of Gibbons Reject Tenth Amendment argument
- 57. Congress passed the Agricultural Adjustment Act in 1938.
- 60. Decision: Yes. By a vote of 9–0, the Court ruled in favor of Wickard. Restriction of Wheat and Market. Consumption of Wheat and Market Effect on Interstate Commerce John Marshall and Gibbons Opinion .
- 66. Decision: No. By a vote of 9–0, the Court ruled in favor of the United States. Basis of Congressional Action Power of Congress over Interstate Travel Marshall’s Opinion in Gibbons v. Ogden Congressional Legislation and Morality
- 73. Angel Raich and Diane Monson at the Supreme Court.
- 75. Ruling:Yes. 6–3, the Court ruled in favor of Gonzalez. Congress’s authority under Commerce Clause has evolved. Review of Wickard v. Filburn Homegrown marijuana and elimination of commercial transactions in the interstate market. Dissent: O’Connor, Rehnquist,Thomas Federalism allows experimentation by states. Definition of economic activity threatens to sweep all of human activity into federal regulatory reach.
- 79. Purpose of PPACA: Increase number covered by health insurance Decrease the cost of health care. Requirement of “individual mandate” “Minimum coverage” requirement “Shared responsibility” payment . .
- 81. No. By a vote of 5–4, the Court ruled in favor of the National Federation of Independent Business. Interpretation of Commerce Individual mandate does not regulate commercial activity. Review of Wickard v. Filburn ▪ Individual mandate cannot be sustained with Necessary and Proper Clause as component of insurance reforms.