QUESTION FOR A STUDENT: In your own words WHAT DOES THIS MEAN? "The United States
Constitution is the supreme law in this country. Neither Congress nor any state may pass a law that conflicts with
the Constitution."
II. Goals for the Chapter. In this chapter we will look at the structure, power and limitations of government power.
III. Federalism. The United States has a federalist system. That is, the national government and the government of
each of the states coexist.
A. The fundamental attribute of federal power is that the federal government can only assert those powers
specifically granted by the U.S. Constitution.
B. Comparison with the State Power. The power of the state on the other hand are more of a "general
police" power because the states have the power to protect the health, safety or general welfare of state
residences.
1. An action by the state government is valid under federal law unless it violates some specific
limitation imposed by the U.S. Constitution.
IV. Separation of Powers. The federal government is divided into three branches of government. The executive
branch enforces the laws; the legislative branch makes the law and the judicial branch interprets the laws.
A. Each Branch of Government has Separate Power. Each branch of government has separate power
granted to it by the Constitution.
B. System of Checks and Balances. A system of checks and balances is also an important part of the
Constitution because it keeps any one branch of government from accumulating too much power.
1. Example. The text provides several examples. Congress has the power over spending and
commerce, but the president can veto that legislation.
2. Example. The executive branch is responsible for foreign affairs, but treatises with foreign
governments require the advice and consent of the Senate.
V. Commerce Clause.
A. Article I, Section 8 of the United States Constitution grants Congress the power to "regulate Commerce
with foreign Nations, and among the several States, and with the Indian tribes."
1. Mr.???, based on your readings, what does this mean.
B. This is probably the most power clause in the Constitution. It is very powerful because it is so far
reaching. ALMOST EVERYTHING INVOLVES COMMERCE, THEREFORE THIS IS
ALWAYS A FALL BACK CLAUSE.
1. The Supreme Court has ruled that Congress can regulate every commercial enterprise in the US.
This includes the regulation of commercial activity between states and within one particular
state.
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C. HEART OF ATLANTA MOTEL v. UNITED STATES
.
1. Facts. Owner of Motel refused to rent rooms to blacks. This was in violation of the 1964 Civil
Rights Act.
a. Contact With Interstate Commerce. The motel was two interstate highways, derived
75% of its occupancy from out-of-state guests, and solicited business in national
advertisements.
2. Motel Owner's Argument. The motel owner argued that Congress had exceeded its power to
regulate commerce.
3. District Court Rulings. The district court said that the 1964 Civil Right Act was constitutional as
it was applied to this case. The owner appealed.
4. US Supreme Court's Ruling. The Supreme Court held that the motel could constitutionally be
reached by the Civil Rights Act, under the Commerce Clause.
a. KEY POINTS.
(1) The court took note of Congress' findings that racial discrimination discouraged
travel on the part of a substantial portion of the black community, THEREFORE
such discrimination could be regulated by Congress.
(2) The court also held that Congress had the power to regulate local incidents if it
could have an effect on Commerce.
(A) QUESTION. MR?? How could racial discrimination discourage travel?
D. The Power of the State to Regulate. We talked earlier about the power of the state to regulate activity
within its own borders.
1. We stated, that states may regulate private activities to protect or to promote the public health,
safety, morals, or general welfare of its citizens.
2. MR????, what happens when state regulations interfere with Interstate Commerce?
3. Answer. The court usually applies what is called a "balancing approach."
a. In essence, they look at the merit and benefit to the state and compare this to the burden
being placed on interstate commerce.
VI. SUPREMACY CLAUSE. Article VI of the Constitution provides that the Constitution, laws, and treaties of the
United States are the "supreme Law of the Land."
A. MR???, what does this mean (In your own words)
1. Answer. Where there is a direct conflict between a federal law and a state law, the state law is
simply INVALID. FEDERAL LAW IS SAID TO "PREEMPT STATE LAW.
B. FACTORS. In order to determine whether a federal law preempts a state law, the courts must first
determine Congress' intent.
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1. Look at how detailed the federal law is laid out. The more detailed the law, the more likely
it will be held that the Federal law preempts the state law.
C. BURBANK v. LOCKHEED AIR TERMINAL.
1. Facts. In this case Burbank's city council passed an ordinance which made it unlawful for jets to
take off between the hours of 11pm and 7am.
2. District Court Ruling. The district court ruled that the ordinance was unconstitutional under both
the Supremacy Clause and the Commerce Clause.
3. Court of Appeals affirmed the district court's decision.
4. Supreme Court. The Supreme Court also held that the ordinance was unconstitutional because
federal law did in fact "preempt" the ordinance. The court noted that "the pervasive nature of the
scheme of federal regulation of aircraft lead them to conclude that there is pre-emption.
VII. TAXING AND SPENDING POWERS. Under the taxing and spending powers, just note that Congress
does in fact have the power to tax individuals and companies AND Congress has the right to spend the
monies they have accumulated.
VIII. FREEDOM OF SPEECH.
A. General Rule. The First Amendment provides that
"Congress shall make no law that reduces the freedom of speech."
1. Exceptions. We just need to note that there are a few exceptions to the first amendment. They
include (1) obscene material, (2) profanity and (3) fighting words (i.e. those things that tend to
incite riots or violence).
DON'T REVIEW METROMEDIA v. SAN DIEGO
IX. FREEDOM OF RELIGION. The First Amendment contains two distinct clauses designed to protect religious
freedom.
A. Establishment Clause. The first is called the "Establishment Clause." It forbids any laws which establish
religion
B. Free Exercise Clause. The second clause is called the Free Exercise Clause. It bans laws that prohibit
the free exercise of religion.
C. Purpose of the Clauses. The purpose of the clauses is to protect the freedom of every individual to
worship or not worship as he or she wishes (without government interference).
X. SEARCH AND SEIZURE.
A. Fourth Amendment. The fourth amendment protects the rights of people to be free from unreasonable
searches and seizures.
1. Search Warrant. In most cases the government is required to obtain a search warrant prior to
searching a person's property.
a. Exception to the Search Warrant.
One of the exceptions to the search warrant
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requirement is when the police officer believes that the item will be removed before a
warrant can be obtained.
2. The Requirements for a Warrant to be Issued. In order for a search warrant to be issued, there
are at least two general requirements:
a. Requirement One. The warrant must be issued by a neutral magistrate or judge. This
means that the judge can't have any political or monetary ties to the case.
b. Requirement Two. The warrant must state the place to be searched and the items to be
seized.
XI. SELF-INCRIMINATION
A. Fifth Amendment. The Fifth Amendment guarantees that no person "shall be forced to testify against
himself." TWO OTHER COMMENTS
1. The fifth amendment does not apply to corporations or partnerships.
2. Sole Proprietors who have not incorporated may also plead the fifth.
