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... between two states, the sup. ct. gives the case to a special master in a trial with original jurisdiction. Can congress take away all appellate jurisdiction? The ct.
will say it would be unconstitutional. Congress can seek help from the Pres. to take away a judges salary. -Sup. ct. first met in N.
Y. in 1719. -In 1920 Certioriari was created. Gave sup. ct. the right to choose whether they wanted to hear. Exception, they had to hear all appellate cases. - 1988, now they decide what they want to hear. 1.
When the decision has a consequence of general significance, not only affects one individual. 2. When there is a split in the federal circuits for the need of uniformity. -The rule of 4: If four justices think a case is important enough to be heard, it will be heard. But the other five can revoke as improvidently granted and not hear the case. B.
Struggle between Federal v. State LEGISLATIVE BRANCH: Senate and the House of Representatives -congress can regulate for the general welfare. -cant do anything that would violate the const. of N. Y.
S. What if the state const. violated the U. S. const. ? -fed. govt s power is enumerated in a list-confines / limits its power. -the states can violate the U.
S. const. by only one way. -congress can violate the const. in two ways: 1. violate the express provisions in const. 2. passing a law which is not forbidden in const.
but is beyond its enumerated powers. -Art. I (1) & I (8) -Congress power to tax and spend for the general welfare, not REGULATE. -all other powers must be found in the enumeration. -Bill of Rights- limit Congress powers, list of things Congress cant do to the states. -the 9 th and 10 th amend. reserve power to the states. -Congress charters a federal bank of the U. S. run by private individuals, which lends money to state banks. - state legislatures decide to tax the bank $ 15, 000. 00 a year. McCullough was the cashier. - holding: state could not tax bank of the U.
S. (a federal bank) - The supremacy clause Art. VI (2), federal laws are supreme, superior to state laws. - the state claimed that it has to be a constitutional law of the U. S. not an enumerated authority. - Marshall says necessary and proper clause Art.
I (18) - state says that is a limitation on federal power, since necessary = absolutely necessary. - Marshall defines necessary as convenient, useful. Also, absolutely necessary is found elsewhere in the constitution, therefore, necessary = necessary, helpful. - Was it const. to create a bank of U. S.
Yes. - must be able to link a federal law to an enumerated power. Commerce Clause: a clear grant of enumerated power, under Art. I 8 (d) 3 GIBBONS v. ODGEN Odgen, an assignee of Fulton's right to navigate. -N. Y.
state law gave Fulton monopoly over the seas, control of trade. - Gibbons tried to sail from N. Y. to N. J. - state govt cant control interstate commerce, only the fed. govt can regulate int. comm. - N.
Y. was infringing upon fed. power, under Art. I 8. - commerce does not only mean buying and selling of goods. It also means intercourse between two states. 1. The mere grant of power to Congress over commerce means that the state is deprived of any power to regulate. 2.
Gibbons had a federal license for interstate waters. State law does not supersede fed. law under supremacy clause. Suppose there was no federal law or license, then is N.
Y. state free to stop Gibbons? -ct says no. The commerce clause pre-empt's any N. Y. law, even though congress has taken no action to enact it. The mere existence of c.
c. deprives the states of that power. - The dormant commerce clause and state power over interstate commerce. - states have always had the right to pass inspection laws for diseases. This is not motivated by money, but by the protection of the general welfare. if manufacturing is local, then there is no fed. regulation. (ex. mining, no fed.
regulation. ) -federal law that prohibits the shipment of lottery tickets from state to state = interstate commerce -Is Congress power to prohibit w / in regulation of interstate commerce? -ct. says yes, it is the same thing. Regulations all include prohibitions. -trying to stop people from gambling (petulance), corrupting the morals of the people. Public Policy: gambling has a bad moral purpose. -congress fixed the rates of interstate railroads. - common market for U. S. , no barriers - the state R.
R. co. s were competing with interstate R. R. s - Congress told the state R. R.
to raise their rates. - local activity affects interstate R. R. - substantial economic effect on interstate R. R. Congress cant pass a law that violates the const.
or exceeds the power delegated to it. If there is no enumerated power, Congress cant do it. -The commerce claus is an enumerated power. - the interstate transport has to substantially affect interstate commerce, because congress cannot regulate for the general welfare. Can congress regulate for the general welfare within the states through the commerce clause? -Congress can form public policy if it has an enumerated authority (ex. lottery cases & moral effect of gambling. ) -child labor & immoral and unfair competition among the states. -Congress was exceeding its power under the commerce clause. - in the lottery cases, the tickets were evil in themselves, these goods are harmless clothing. - Hammer is the U. S. attorney trying to enforce anti-child labor laws. - Dagenhart was the father of one of the children workers. - Justice Holmes dissented- the power given to Congress is plenary, regardless of whether the goods are harmless or not. - the power of commerce is total, even to enforce morality, unless it violates a provision in the constitution. - wages and hours fixed by Congress in the mining industry. - states claim congress has no authority. - congress claims wages paid to coal miners has a direct affect on interstate commerce due to labor strikes. - labor v.
employer is w / in local authority - cause-and-effect not present, no chain of causation - commodities before interstate commerce has begun, power does not attach. - employer would fire union organizer. - employer had markets in other states, affecting interstate commerce. - substantial relationship (effect) on interstate commerce (direct effect not required) - effect has to be 1. substantial and 2. economic. In NLRB v. FRIEDMAN-HARRY MARKS CLOTHING- the court looks at the industry, even though the company accounts for less than 1 % of mens clothing. - local lumber mill, wages & hours, Federal Labor Standards Act. - subject to the act if 1. you have employees working on goods intended for interstate commerce, and 2.
if you keep those goods out of interstate commerce, if they violate the act. - the ct. cites Holmes, congress has total power to keep the goods out of interstate commerce, even for a moral reason. - overruled DAGENHART and CARTER COAL - can regulate local activities if there is a substantial effect on interstate commerce. can congress pass a law without having the enumerated authority? -states claim the 10 th Amend. if the powers are reserved to the states, then congress does not have that power. - the fixing of wages is part of exercising the commerce clause. - mere fact that the state has the authority, does not mean congress does not. - agricultural adjustment act re: wheat.
Govt limited the amount of wheat produced. - if a farmer produced a surplus, theres a penalty. - the ct. upheld the act, wheat prices drop due to the surplus. - limiting the amount of wheat increases the market price. - farmers surplus not intended for interstate commerce, for family and animal use. - farmer not buying any wheat, not a purchaser. - non-purchase substantially affects interstate commerce. - he is a member of a class of farmers who have a surplus. Congress has fixed rent control after the war. RICO case-based on commerce clause. Racketeer influenced and corrupt organizations = federal offense. - loan shark racket extortionate extension of credit, method of collection = violence - congress used the commerce clause, organized crime has an effect on commerce.
Food and Drug Acts passed through the commerce clause. Mislabeling of drugs. - once in interstate commerce, congress power attaches, even if its movement has rested in one state. - furthest possible reaches of authority under the commerce clause. -states with no discriminatory laws. -Congress primary motive is morality -enumerated authority is the commerce clause. -no law in Georgia that requires motel owners to let blacks in. - Civil Rights Act of 1964 & the Enabling Clause of the 14 th Amendment. - 14 th Amendment says no state shall deny, not motel owner, doesnt help. - then use the commerce clause, activity affects interstate commerce. - Location of motel, advertisements, out-of-state travelers affected. - Black people wont travel, interstate commerce affected. - Ollies Barbeque didnt seat black people, only through the takeout window. - Restaurant purchased food from out-of-state - Class argument, the class is substantial therefore there is a substantial affect. - Deny customers, deny sales = adverse affect. - Ollie claims then white people wont come. - state have to regulate strip mining - strip mining is cheaper that shaft mining - federal regulation to put the top soil back. - Substantial effect, quantitative ($ 5 million) vs. % (. 006) - rational basis for concluding that surface coal mining has substantial effects on interstate commerce. - Regulatory standards necessary for state competition. -ct. said surface mining disturbed annual net. - infintismal amount of acres of farmland - ct. said not the volume of commerce, just that interstate commerce is affected. - has to limit congress, or else everything substantially effects the economy. Congress passes a regulation pretending to be a tax - power to tax is different from power to regulate. - Congress doesnt like to use taxes to discourage activity. - Uses its power to spend, do this and well pay you (inducement) -regulated agriculture, pay farmers for not growing. - the tax payer objects, unconstitutional. - Madison = congress can spend as long as they have the enumerated power. - The ct. likes Hamilton's view, spending power is not limited by regulatory authority, the ct.
says it is. - Depression, unemployment insurance. - Credit against tax if states set up unemployment insurance - Objection by tax payer, coercion of the states -states can regulate for the general welfare - 21 yr. old drinking law, or else without federal highway funds to the states. - A state, if its a non-recipient of federal money, will get the money if it wins the case. - The restriction has to be reasonable, related to the purpose of spending. - Coercion of the states v. compulsion, couldnt force states to do something forbidden under the constitution. - spending and taxing are independent activities, not limited to enumerated grants of authority, as long as its for the general welfare. - old age pensions, tax on employees. - Whatever Congress says is the general welfare is the general welfare. - 2 / 3 of the senate have to ratify the treaty - Article 2, treaty made by the president. - Have to pass an act, where does congress get the authority? - Necessary and proper to make treaty effective - Any limitation not specifically on the treaty is under the authority of the U. S. - A treaty could be violative of the constitution. Immunities: 1) should the states be immune from federal taxation and regulation. NO, as long as the states ability to govern is not destroyed. 2. ) should the federal govt be immune from state taxation and regulation?
YES - the state cant tax the fed. Govt - cant impose regulations either, because fed. Govt supreme to the states - federal actions can be subject to state regulations - fed. , state, and local dont tax municipal bonds - Federal regulation of the states v. 10 th amend. State sovereignty. - regulate wages and hours of state schools and hospitals - 10 th Amend and state sovereignty overruled MARLAND. - overruled National League of Cities - no more distinction between governmental and non-governmental functions. - The only protection for the states from federal regulations is the political process. Congress cannot regulate for the general welfare, but it can tax and spend for the general welfare. - waste disposal. States arent doing enough. - Congress wants to direct producers on regulation of waste - Congress could pass laws reaching the individual states regarding waste disposal - Spending quo vast amount of federal money, paying the states to legislate. - N.
Y. said beyond the authority of congress to do this, outside of the commerce clause and outside of regulatory powers. - Not enumerated, prohibited by the 10 th amend. - just take title to the states, responsibility of the state, increase costs for the states - Telling the states how to spend money invades their sovereignty. - States cant waive their sovereignty, it is in trust with the people. - fired because of old age, mandatory retirement age. - Business affects interstate commerce - Also applies to state employees, exempt are state policy makers, such as judges. - Brady Bill, congress told states law enforcement must run background checks on people purchasing guns. - Sheriff said no, citing the 10 th amend. , controlling a state policy maker - Congress didnt have to pay for it, the state does. - Makes the state officers puppets of Congress - Congress cant enforce federal law, seperation of powers, President v. congress - President enforces federal law, not congress. The president is being cut out - One branch will have too much authority. The court protects the states rights. - Limiting the term of federal legislators and representatives. - interests change from representing the public to reassuring the re-election - is it constitutional for a state to limit this term? - Art. I sec. 5 of constitution does not permit it. - State usurping federal power.
Ct. said congress clearly does not have the power, its not enumerated. - The power is then reserved to the state. No, because the states never had that right before the constitution. No pre-existing right, never reserved. These politicians didnt exist. - Neither can qualifications of politicians be added to term limits. - Dissent the people have the power, the states can add it through them. - Theres a constitutional amendment limiting the presidents term II CONFLICT AMONG THE FEDERAL BRANCHES - the constitution is designed to create conflict for a stronger govt. (checks and balances) - an increase in one branch is at the expense of another branch a. the power of the President- Chief Law Enforcement Officer i.
appoints secrets service, FBI, DEA, head of the agencies. ii. Art. II 1 says herein granted- this means he has power outside of this article. iii. Scope of presidential varied w/ those in power.
vii. Congress gives authority to the agencies to pass regulations viii. President is the strong legislator in our system by veto power. The court is the referee between the president and Congress. YOUNGSTOWN SHEET & TUB CO. v.
SAWYER - the secretary of commerce seized the nations steel mills - the korean conflict led to a strike in the steel industry. - Pres. Truman, in order to prevent a strike, size it. - Ordered the sec. of commerce to do it, the ct. said no. - Pres. is the Chief executive, the law making powers belong to congress. - The only form of legislation is in the form of executive orders. - Commander-In-chief of the armed forces, this is not a military decision, - Private property is domestic, war is foreign. - Congress job is to settle labor disputes through the commerce clause to keep the supplies going to the troops. - Pres.
asked for that power before, and congress didnt give it. - Limitation on the power of the pres. - Categorize Executive power according to degrees. STRONGEST- when with the expressed or implied consent of Congress Medium when the pres. is acting and congress is silent weakest - when the pres. is acting and congress has said no. - revolution in Iran, they size U. S. property, invaded our embassy and took hostages. - Carter suspended claims in american courts, to let hostages free. - It was an executive order, congress agreed. - Line Item veto Act, power of the pres.
from the Presentment Clause Art. 1 6 (2) p. 1442 - it the whole bill, not part of it, sign it or return it - Congress can give the president discretion to spend. - If the law is passed and signed, congress has the authority to spend or not spend. - This law gives him the right to change the law with his own pen - Look at the language of the const. - N. Y. was denied $ 2. 6 billion from congress (spending power) - It had standing, non-recipient, could win the money - It wasnt vetoed, it was cancelled. - He signed it first, then cancelled it because congress gave him the power to cancel certain spending powers A. the power of the President to appoint officers, Art. II 2 (2) -the power to appoint is not absolute, conditioned by 2 / 3 of the senators present concur, combination of the two branches. B.
the presidents power of removal of officers (impeachment) - the ct. said the power to appoint is together w/ the senate, but he has the power to remove all by himself. - Does the pres. have to show cause for removal? NO, no formalities, just removal. - congress creates the cabinet positions, Federal Trade Commission - they shall serve for a term of years - ct. said it is not in the power of the president to remove the Federal Trade Commissioner without reasonable cause. Independent Agency: not purely or solely executive - Commissioner = quasi-legislative and quasi-judicial power, along with executive power - Therefore reasonable cause is needed to remove. - Hearings and regulations have the force of law, independent of the executive president can remove only executive officers w / out cause. - Federal Election Commission, commissioners appointed by Senate & House - Commissioner are going to enforce the law, executive officers. - All appointed by the president in the appointment clause - Created comptroller general by balanced budget and emergency deficit act of 1985 - Comptroller general is an executive officer - Congress says his power comes from congress, therefore they could remove him - Congress cant have the power to remove, they only have legislative power, not executive - Ethics in govt Act, a better way to investigate high ranking officers. - Special division of the court of Appeals of the district of Columbia appointed independent counsel to investigate, Morrison. - Olsen was the asst.
attorney general tried for perjury - The atty. General cannot remove the independent counsel w / out good cause - The ability to remove the independent counsel is not essential - The independent course is solely an executive office, it enforces the law. - It doesnt offend the separation of powers - Scalia dissents: purely executive at the pleasure of the president - Taking away executive power in the constitution - The independent counsel has no other cases, the purpose is to weaken the power of the president, since he cannot remove him - Congress passed a sentence reform act - Permissible sentence- guidelines by congress, lack of uniformity among the sentences - Federal guidelines binding on federal judges - Defendant says this is unconstitutional, congress should set the guidelines, not an executive or judicial branch - Majority says it does not offend the constitution METROPOLITAN WASHINGTON AIRPORTS v. CITIZENS - congress trying to veto a law already passed - it is the power of the executive to veto Source of Congressional Power Congress power to deal with foreign affairs not spelled out in the constitution, it is implied. C. Art. II 3 the president decides what govt of nations that we recognize by receiving ambassadors - then congress must have a residue of that power, implied.
In the absence of a declaration of war, the president, as Commander-In-Chief, can send troops - congress can cut off war spending if they dont agree with the president. - War Power Resolution Act- take the troops out in 60 days, is this act constitutional. - A vietnam war soldier or his family would have standing to object - The sup. Ct. said its a political question Executive Privilege: executive and judiciary in conflict, judiciary decides in favor of the judiciary. -tapes and documents relating to the president by the president - Protecting office of the president from other branches and the prosecutor (national security) - Art. II implies the privilege, legally protected right not to give evidence. - Executive privilege not in the constitution - For information received by the president from his advisors, inherent in the branch i. cant protect the advisors when they speak the truth. You have to ensure the officers that they can trust you and that you will not reveal that info.
or their identity. ii. separation of powers, its his own business, they cant stick their nose in to find out whats going on - the court says there is an executive privilege found in a. ) Art. II and b. ) the separation of powers - Nixon described the privilege as absolute, only when military concerns, diplomatic concerns, and/ or national security is concerned. - Not an absolute privilege, it is conditional - District court was to listen to the tapes in private. - Balance the injury to the presidency alongside the need to discover the truth - This is the first time the judiciary officially recognized executive privilege - The extent of the privilege is unknown - Privilege is absolute if the matter involves national security, the military, or diplomacy. NIXON v. ADMINISTRATION OF GENERAL SERVICES - the presidents papers, materials, and recordings - law enacted by congress said only Nixon's materials - could only get privat and not of general interest returned to Nixon - is there a privilege?
Is the privilege for a particular occupant or for the general office? - A bill of attainder is mentioned twice in the constitution - Congress nor the states shall issue a bill of attainder - Legislative punishment of an individual or readily identifiable group of individuals without a judicial trial. - Ct. said no, they dont trust him as the custodian, not a punishment - Its done for the future, not the past acts - Preventing not punishment (still is a bill of attainder) contrary to a prior decision - Because he resigned under a cloud, a class of one. - can the president be subject to a civil trial, not regarding his presidential activity? - Yes, cannot stop the statute of limitations, it still runs and suit has to be brought - If the suit regards his presidential actions, then he has immunity POWER OF THE STATES TO REGULATE INTERSTATE COMMERCE: Bibliography:
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Research essay sample on 14 Th Amendment Interstate Commerce
