1. The Constitutional Powers of Government

Regulatory Powers of States

- 10th Amendment. - Police Powers: order, safety, morals

Full Faith and Credit Clause

- Art. IV §1 - Applies only to civil matters. - Ensures that any judicial decision with respect to such property rights will be honored and enforced in all states.

Privileges and Immunities Clause

- Art. IV §2 of the U.S. Constitution. - Prevents state from imposing unreasonable burdens on citizens - particularly with regard to basic and essential activities

The Supremacy Clause and Federal Preemption

- Article VI of the Constitution provides that the Constitution, laws, and treaties of the United States are the "Supreme Law of the Land." - In case of direct conflict between state and federal law, state law is invalid. - A valid federal statute or regulation will take precedence over a conflicting state or local statute.

Taxing and Spending Powers

- Congress has "Power to lay and collect Taxes, Duties, Imposts, and Excises" which shall be "uniform" among the states. - Expansion of commerce clause gives taxing power as well.

Separation of Powers

- Federal government provides checks and balances: -- Legislative (Congress): Creates laws. -- Executive (President/Agencies): Enforce laws. -- Judicial (Courts): Interpret laws.

The "Dormant" Commerce Clause

- Generally, federal government has exclusive authority to regulate commerce that substantially affects trade among the states. - States possess inherent police powers to regulate health, safety, public order, morals and general welfare. - State police powers or regulations that substantially interfere with interstate commerce will be struck down. - Family Winemakers of California v. Jenkins (2010).

The Commerce Clause

- Power to regulate interstate commerce defined in Gibbons v. Ogden (1824): activities that "substantially affect interstate commerce." - Expansion of Powers: -- In 1942, Supreme Court expanded commerce clause to purely intrastate businesses (Wickard v. Filburn). -- In 1964, Supreme Court prohibited racial discrimination in interstate commerce (Heart of Atlanta Motel v. U.S.) - TODAY, the CC authorizes the national government to regulate virtually any business enterprise, including the internet-based. Limits: U.S. v. Lopez (1995). - Legalization of Marijuana. -- Some states have laws that legalize marijuana for medical and other purposes. -- Supreme Court has held that use of medical marijuana does not insulate users from federal prosecution (2005).

Relations Among the States

- Privileges and Immunities Clause - Full Faith and Credit Clause

A Federal Form of Government:

- Shares power between national and state governments. - National government has limited, enumerated powers delegated from States.

Preemption

occurs when Congress chooses to act exclusively when national and state governments have concurrent powers.