FIN 26074 Lecture Notes - Lecture 24: Dormant Commerce Clause, Supremacy Clause, Commerce Clause

• School: Kent State University
• Department: Finance
• Course: FIN 26074
• Professor: Lois J Beier

Document Summary

Activity regulated must have a substantial economic effect on interstate commerce: dormant aspect of commerce clause covered later in this lecture, the supremacy clause. Federal power wins over state power: key provisions of u. s. constitution, commerce clause, supremacy clause, enumerated powers of the branches. Judicial review text is misleading, it is not controversial, it is completely accepted: key provisions of u. s. constitution, 10th amendment. Constitution, nor prohibited by it to the states are reserved to. The powers not delegated to the united states by the the states respectively, or to the people. Racial, ethnic etc: unconstitutional most of the time (what about affirmative action) Economic: freedom of speech, 1st amendment: congress shall make no law abridging the, government cannot prohibit political speech, expression of freedom of speech ideas, opinions etc. Obscenity and commercial speech are: summary. Limits: due process clauses, takings clause, freedom of speech, contracts clause, dormant aspect of commerce clause restricting state power, equal protection clause.