Class 7 - Constitutional Law

Review: Trial process, importance of discovery. You need to be aware of the legal process because inevitably you'll be involved in it as part of business.

Damage awards. Remedies: money or enforcement of a contract. Punitive damages - for punishment of the wrongdoer. Intentional torts or gross negligence. Equitable remedies - no monetary damages, rather orders to do something or to refrain from something, i.e. injunctive relief. E.g. divorce. Courts of equity do not allow for jury trials. Specific performance - perform the contract. Employment contracts cannot force someone to work, it's involuntary servitude. Only in the military or peniteniary. Only award damages if there are special circumstances, e.g. attorney fees, cost to find a new car (if contract to sell a car was broken).

specific performance - land, art painting

Reminder: trial court decisions are not published. Trial courts are not binding on other courts. Appellate courts hear arguments of law, no witnesses.

Arbitration - will be covered when we talk about administrative law (govt agencies).

Constitutional Law (Chapter 4)

A brilliant document. It has lasted so long, because it is brief and non-specific. Not every aspect is defined. Open for interpretation. The Supreme Court is the final word on interpretation and on deciding whether lower court decisions are valid and whether laws passed by Congress are constitutional.

See Section 8 - the Commerce Clause
"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"
Refers to interstate commerce. Commerce = buying and selling anything.

Necessary & Proper Clause - gives the congress power to do whatever is "necessary and proper" to execute the rules in the constitution.

McColloch v Maryland
Supreme court decided that Congress needed a national bank in order to regulate interstate commerce. Also, if it's not excluded, it's included.
Established federal supremacy - federal laws take supremacy over state laws.

Wickard v Filburn
Farmer produced 239 bushels more than he was allowed. Even though his effects were trivial, Congress still has the right to regulate it, because if every farmer did it, it would have an impact on interstate commerce.

Katzenbach v McClung
(Aside: Protests at the building of Winston Towers for fear of them becoming CHA housing)
Johnson got civil rights bills passed.
Taken by attorney general straight to the Supreme Court.
The majority of their food product had come from other states. Therefore, this is a case of interstate commerce. Congress has the power to regulate such interstate commerce.

Briefing the case:
Name, court that decided it, when, facts, statement of the issue and the ruling.

See Katzenbach v Heart of Atlanta Motel - visitors were from out of state.

Lester Maddox - threatened blacks who came in, but was later elected governor.