Class 8 - Constitutional Law (cont.)

Substitute teacher next week - Richard Karbalchka

Brief the major cases in chapter 4 for a week from Tuesday.
p 77 Katzenbach v
p80 Hughes v Oklahoma
p85 Consolidated Edison v Public
p87 Central Hudson Gas and Electric Co v
p91 Kelo v City of London, Connecticut

The non-specific definition of the Commerce Clause. Necessary and Proper clause. Allows for broad powers to Congress.
See also the Heart of Atlanta Hotel case.

See pg 79, Southern Railway Co v Arizona - AZ wanted to limit the length of a train. Court ruled that this was an impediment to interstate commerce. See other examples on pg 80.

State attorneys general are primarily involved in consumer protection.

See Hughes v Oklahoma p80. Minnows were prohibited from being shipped out of state. Was ruled as an impediment to interstate commerce.

Taxing Power

State taxes can sometimes be an impediment to interstate commerce. See cases at bottom of pg 82. Toll roads are not a violoation of the interstate commerce.

State taxes may also not impede foreign trade by taxing foreign goods.

The Bill of Rights

The Constitution only applies to Government. The bill of rights only applies to governmental violation of certain rights. Only the 13th amendment (involuntary servitude) applies to private areas.

Bill of Rights was added so the states would ratify the Constitution. States feared a strong central government (like England).

The Bill of Rights initially only applied to the federal government, not the states. First word of the first amendment: "Congress". Not state governments. Doctrine of Incorporation - see fourteenth amendment - extended the constitution and amendments to the states.

There are no absolute rights. There are some restrictions that can be imposed, if they're reasonable. You can't necessarily practice your faith in any way. Jehovah's Witnesses have brought more cases to the US Supreme Court than any other religion.

Freedom of Speech

Expression. But not absolute. Two types: business/commercial and political. In order to ban political speech, the govt must show an overwhelming governmental interest. That is very rare. Perhaps only during war with regard to military secrets. To ban commercial speech, there must be a substantial governmental interest.

Govt can regulate time, place and manner of the speech. See Consolidate Edison Co v Public
Service Commission of NY pg. 85. US Supreme Court upheld the company's right to include an inset with the bill.

Protests and demonstrations can be limited in time, place and manner. Permits can be required, but they can't be used to prevent you from speaking at all (as they did in the South).

First exam will be after Chapter 6.