Understanding Constitutional Powers: Necessary & Proper, Commerce, & Presidential Power - , Study notes of Political Science

Download Understanding Constitutional Powers: Necessary & Proper, Commerce, & Presidential Power - and more Study notes Political Science in PDF only on Docsity! Federalism: one of the 3 underlying principles that are not specifically mentioned in the constitution  A way of structuring government where there is a national unit & sub units usually along geographical lines where each has a sphere of authority and a constitutional right to exist. Neither can abolish the other o Unitary system- national gov has all the power. Sub-units have to constitutional right to exist (ex Japan, Brittan) o Confederal system- sub units have all the power. National gov has no constitutional right to exist  Economic liberties**  2 basic constitutional clauses (in Article 1 section 8) o 1. Commerce clause - congress can regulate commerce in the states o 2. Due process clause of the 14th amendment – limits state governments. Is about what states cannot do. P 519  Ratified on July 9, 1868  First time states are really regulated constitutionally  "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US: nor shall any state deprive any person o 3. Equal protection clause (not on test)   table 7.2 – explain each concept ( 8-9 Q’s on test)  Economic struggle of Nationalists vs states rights  Leadership: o Hamilton & Marshal Vs Jefferson & Madison  Type of power o Nationalists say constitution has implied powers EX: Article 1 Section 8 o States rights are ideologically opposed to the federally gov having implied powers. Article 1 sec 8 are the reserved powers, if it isn’t listed there then it’s a states right not a national right  Constitutional interpretation o National: Broad interpretation, gives national gov more power o State: Strict, gives the states more power  Enumerated Powers related to the bank o Due process clause  Ratified in 1868  Regulates states directly  No state can deprive a citizen .... w/o due process of law  Liberty extends to economic liberty, not just physical liberty  * Economic rights, when referring to states, is the due process clause (14th amendment) o Commerce clause  Regulates what congress can do when regulating commerce. How far they can go.  The Catch All of congress power. Has a wide interpretive authority, which gives them more power.  Limits on state regulatory power o 14th amendment passed after the civil war to better control the states A v Louisiana  1869- restricts citizens from contracting an out of state insurance company  Citizen says that this law is restricting their liberty and breaking the 14th amendment. LIBERTY/ Freedom of CONTRACT  The court strikes down the Louisiana law.  The court is starting to gravitate towards freedom of economy for citizens  Engaging in economic protectionism - protecting capitalism.  Court might have found that it was in the states police power if it had been b/w 2 citizens fo the same state not 2 diff states  Due Process clause forbids state interference b/w  subsitive due process restricts state regulatory power  Lochner v New your (1905)  NY passes law against working bakery employees for mote than 10 hrs/day 60 hrs/week  Argument is that a bakery exceeds these work hours w/ an employee. They say its unconstitutional because they r restricting their economic liberty  State claims to be passing laws on health & safety issues. Only applied to NY businesses  Court declares NY law unconstitutional via 14th amendment  They might be trying to regulate health and safety  They might also be trying to increase quality of life for bakery employees  They don’t want businesses to abuse their employees by making them work to much  The court says that the state cannot readjust economic bargaining power, which is what the court thinks they are doing  The federal gov steps in 20-30 yrs later to regulate work hrs & minimum wage  States can use their “Police Powers” (10th amendment) but where there is a real danger to society, but adjusting economic powers violates the 14th amendment Federal regulatory power (commerce clause)  Gibbons V. Ogden (1824)  US v EC Knight ruling declares it as a state matter but the court here overturns the previous ruling.  upholds the  court says commerce among the states covers production/ manufacturing, shipping & intrastate commerce as long as it is intrastate at some point. Regardless of the activity  “If it substantially affects national economy, then the fed gov can regulate it”  It must be a large corporation & cross state lines  NLRB expands federal power  Wickard V Filburn (several Q’s on test)  Agricultural Adjustment act sets a quota on wheat production to bring up wheat prices. Reaches all wheat production in the country  a man exceeds the quota and is fined by the federal gov even though he is using it on his farm, not selling it  He claims it is unconstitutional because his farm doesn’t make a substantial effect on intrastate commerce.  The Cumulative effects theory  Although by themselves don’t have a substantial effect, when viewed collectively, all the small farmers would substantially affect intrastate commerce. It would undercut the whole federal regulatory scheme.  The court ruled the law as constitutional  50 yrs after Wickard case, not one piece of federal legislation, passed pursuant to commerce clause authority, is found unconstitutional by the courts.  US v Lopez (1995)  Federal gov passes the law that criminalizes handgun possession in school zones. Gun-free school zones act 1990  Lopez argues that gun possession is not intrastate commerce so congress had no right to pass the law.  Congress said handgun possession raises insurance rates, causes people to not go to school, which causes them to not get a good job, which affects the economy. All that matters is that the activity affects intrastate commerce; the activity doesn’t have to be commercial and/or economic.  Court finds the law unconstitutional. The possession of a handgun in a school zone doesn’t affect commerce.  If there is some effect from handguns in schools then it is not substantial  1. For congress to regulate it the activity must be commercial.  2. Must have by itself or collectively must have a substantial effect on commerce o The court rules that the Federal Gov can regulate this substance comprehensively (regardless of state laws) o CS that it is a commodity that is bought and sold. They r worried about people growing it for medicinal and sold for recreational. Bought and sold o Comprehensive regulatory scheme – no exceptions. They were worried about the medicinal use spreading to other states o It will undercut the regulation among the states o is the activity commercial  Yes o Regulatory scheme  Yes o Intrastate  Yes (because it could spread)  Difference b/w this and Rickard – marijuana is contraband substance where wheat is a food. It is more for public safety  One was for a commodity that was legal, it isn’t so much for an economic regulatory scheme  The Federal Gov can regulate marijuana Test for commerce (substantial effects test, overturned EC Knight) Wickard, NLRB (Steel), Lopez, Morrison, Gonzales. Know the procession (15-20 Q’s over all the cases) What does it all mean? **On recording Who really cares? Marriage example. How it would be connected to the commerce clause The feds can’t rule under public safety because that is a state power **    Separation of Powers (P122)  Some type of conflict b/w the branches of federal gov  Horizontal analysis  I. Executive Branch  Article 2 sec 2 – powers given to the Executive Branch. P515 o Pres is the commander & chief  Nominate…  Ambassadors (majority vote in senate)  Federal judges (majority vote in senate)  Make treaties (2/3 of senate must concur)  Fill vacancies in the senate II. 2 theories of presidential power   What are the president’s powers? How far does his power go?   1. The constitutional theory o James Madison came up w/ it o Says that any action the pres takes must be specifically traceable to the constitution. o The pres powers don’t change or increase in times of national crisis.  If it isn’t in article 2, the pres cant do it o 18th & 19th century idea  2. Stewardship theory (p123) o The pres can take any action as long as it isn’t specifically forbidden by the constitution, especially in times of crisis  Is much more likely to allow for more expansive powers (implied powers) in times of crisis. o What are the requirements for the pres to be impeached?  Treason  Bribery  Other high crimes & misdemeanors o Has the sole power to hold the trial?  The Senate A1S3 o Majority vote to impeach  Impeach means that they approve the charges, not kicked out of office o The Senate needs a 2/3 vote to convict o The Chief Justice of the Supreme Court is the presiding officer in the trial o What type of penalty is impeachment?  Criminal? (Nope)  Can be tried as a criminal case but you cannot be impeached in a criminal court  Civil? (Nope)  Political? (Yep)  You are removed from office o Has a pres ever been impeached and convicted?  No o 2 presidents have been impeached  Andrew Johnson  Bill Clinton  (Nixon would have but he resigned first)