1. Constitutional Law Jody Blanke Professor of Computer Information Systems and Law

2. The Constitution  Separation of Powers Art. 1 – The Legislative Branch Art. 2 – The Executive Branch Art. 3 – The Judicial Branch  Checks and Balances

3. The Enumerated Powers Clause  Art. 1 Sec. 8 of the Constitution  Authorizes Congress to collect taxes to coin money to establish a postal system to raise and support Armies to provide and maintain a Navy to regulate interstate commerce to protect the writings of authors and the discoveries of inventors

4. Preemption  If Congress is authorized to make law, and does so with the intent that it be the only law, that law will preempt any state law

5. Preemption  Figure A Ex. FAA Ex. Patent Act  Figure B Ex. Cipollone (1993) Ex. Silkwood (1984) Ex. Federal Anti- Spam Act

6. 1 st and 14 th Amendments  1 st Amendment “Congress shall make no law …”  14 th Amendment “No State shall make or enforce any law which shall …”  Most protections/restrictions apply to both federal and state governments

7. State Action  Public vs. private  The Fourteenth Amendment prohibits states from certain discriminatory behavior  Citadel case (1995) school can have a males-only admissions policy as long as it receives no public funding  Augusta National Golf Club  Moose Lodge v. Irvis (1972)  Issuance of liquor license is not state action

8. Commerce Clause  The interpretation by the Supreme Court of the scope of the commerce clause has changed dramatically over the years  Early on, the interpretation was fairly broad Gibbons v. Ogden (1824)  Congress, rather than New York, had the authority to regulate steamboats on the Hudson River

9. Commerce Clause  With the advent of the Industrial Revolution and Big Business, the interpretation narrowed considerably Hammer v. Dagenhart (1918)  The Court refused to let Congress regulate with “social legislation,” e.g., child labor laws

10. Commerce Clause  New Deal legislation pushed by F.D.R. and passed by the Congress was struck down by the Supreme Court in several 5-4 decisions Schechter Poultry (1935)  Congress lacked the power to regulate intrastate poultry processing activity  The “Court Packing” Incident Why not have 13 Supreme Court justices?

11. Commerce Clause  Supreme Court finally permits Congress to regulate intrastate activity if it effects interstate commerce (in 5-4 decisions) Jones of Laughlin Steel Corp. (1937) Wickard v. Filburn (1942)  intrastate activity may have a cumulative effect on interstate commerce

12. Commerce Clause  Supreme Court upheld the constitutionality of the Civil Rights Act of 1964 on the basis of interstate activity Heart of Atlanta Motel v. U.S. (1964)  motel catered to interstate travelers Katzenbach v. McClung (1964)  restaurant served food that was part of interstate commerce

13. Commerce Clause  Supreme Court finally draws an outer boundary to interstate activity U.S. v. Lopez (1995)  Gun-Free School Zone Act U.S. v. Morrison (2000)  Violence Against Women Act

14. Dormant Commerce Clause  State laws cannot unduly burden interstate commerce  Georgia would not be able to require all restaurants in the state to serve only dairy products from Georgia dairy farms  Maine v. Taylor (1986) But, Maine was permitted to ban the importation of live bait fish