Constitutional Law I
Professor Angela Laughlin, Fall 09’
PART I
WHEN AN ACT IS PASSED BY CONGRESS
1: Start you analysis by looking at Congressional power.
2: State where in the Constitution they get that power:
a. Commerce Clause: Article I, §8, Clause 3?
Ø [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.
b. Tax and Spend: Article I, §8, Clause 1?
Ø The Constitutional Basis: Article I, §8: “Congress shall have the power to lay and collect taxes, duties, imposts and excises, to pay the debt and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.”
c. Equal Protection Clause: 14th Amendment, §5?
Ø All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
d. Necessary & Proper: Article I, §8, Clause 18?
Ø The Congress shall have Power – To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
3: Then look to the deciding case:
A. If it deals with the Commerce Clause, use Lopez-
U.S. v. Lopez (1995) – Congress’ authority to regulate commerce is limited to economic effects that “substantially affect” interstate commerce (as opposed to any effect in the aggregate under Wickard. *Struck down Gun-Free School Zones Act because did not regulate commercial activity and possession not connected to interstate commerce.
TEST:
1. Is it economic activity?
a. No- Then the law is invalid
b. Yes – Apply Lopez – does it substantially affect interstate commerce?
2. Three categories that Congress can regulate
a. Channels of interstate commerce
· (ex/ highways, R&Rs, waterways)
b. Instrumentalities of interstate commerce
· (ex/trucks, people, products)
c. Economic activities having substantial relationship to interstate commerce
· Aggregation Cases- Wickard v. Filburn and Gonzalez v. Raich- how does this effect interstate commerce?
· Part of a Regulatory Scheme- Gonzalez v. Raich
· Jurisdictional Hook- some part of the statute must give proof that the item or person traveled through interstate commerce. (ex/ sex offender registry law)
· Congressional Findings- U.S. v. Morrison (2000)- Violence Against Women Act Unconstitutional because gender related crimes are not an economic activi
c. Disturbs the separation of powers between the branches of the federal government by decreasing the executive’s power to enforce the legislature’s statutes. (Printz v. US)
COMMERCE CLAUSE CASES
ERA I: Interstate Commerce is: Movement, Travel, Traffic, Intercourse
McCulloch v. Maryland (1819) – state of Maryland sues McCulloch (cashier) for failing to pay a state tax levied on the bank; Court rules the U.S. can incorporate a bank, but Maryland cannot tax it.
Asserts supreme authority of US government over states
Just need legitimate ends and appropriate means for act to be constitutional
Necessary and proper clause does not restrict congressional powers
Gibbons v. Ogden (1824) – federal government can regulate interstate commerce (overturned ferry monopoly between states)
Congress will not regulate matters of commerce that are totally internal to othe states
ERA II: Commerce is NOT: mining, manufacturing, or production
U.S. v. EC Knight (1895) – Sherman Act unconstitutional when applied to sugar company acquisition because no power to regulate manufacturing
*Commerce only includes transport, not manufacturing
Two Strategies of Interpreting Congress’ Enumerated Powers
