Notes on Business and the Constitution: Judicial Review and Interstate Commerce - Prof. Wi, Study notes of Business and Labour Law

Download Notes on Business and the Constitution: Judicial Review and Interstate Commerce - Prof. Wi and more Study notes Business and Labour Law in PDF only on Docsity! Notes ch. 3 November 18, 2008/November 20, 2008 Business and the Constitution Judicial review- courts can declare the actions of other government bodies unconstitutional. Not in constitution. Ability of federal/supreme courts to strike down as constitutional the acts of the other courts. Federal courts USUALY don’t second guess legislature. Exceptions ex. Race If anything affects interstate commerce the federal government can regulate it. Sip court 1942. Allowed to aggregate that effect. Conceivably anything can affect commerce. No gun in a schoo zone act. Local not federal? Question 7 Violence against women act: rape is local not federal? Is rape an effect on interstate commerce. Sup court struck down. Gonzales vs. Raich, p. 56 How can fed government regulate sale of marijuana. 10 states allowed to grow marijuana. State of California allows for med purposes. Look at lopez and q#7. Wicker vs. filburn 1950s. is it local? What happens when power conflicts? Ms. Reich wants to knock out federal law. They sue. Supreme Court rules that the federal law is constitutional. The fed govt can regulate on same level as wheat. Market is significant and affects interstate market for marijuana. Commercial activity. So feds can regulate it. 1970 marijuana act is constitutional because it affects the commerce for marijuana broadly. ANYTHING THAT AFFECTS interstate commerce. Started with the case involving homegrown weed. Lopez- bringing a gun to a school (no-gun) zone Gun free school zone law as a federal law was deemed unconstitutional. Pg. 81 State regulation unduly burdensome- judged on rationally basis test. Easy test to satisfy. State aactivity unduly burdens interstate activity. Granholm v. Heald- Wine 21st amendment- repealed the 18th amendment, nationwide prohibition. Michigan and new York – out of state have to apply to sell in state. Need wholesaler and distributor. Setting up schemes to set up local industry. Discriminate out of state producers. Arguments Mich and NY tried to make- 2nd part of the 21st amendment allowed them to make any restrictions they wanted in the sale of alcohol. The Sup Court wants to know if the 2nd part of 21st amendment bans commerce clause. “these restrictions discourages youth from acquiring alcohol”- clumsy way to cut down on youth consumption. Examples of other types