con law class 9 the commerce power 2.10

8/4/2019 Con Law Class 9 the Commerce Power 2.10

1/23

The Commerce Power

And State Sovereignty


2/23

Commerce PowerTest

IC itself:

Persons and Things in IC

Channels ofIC Stream of Commerce

Local activity that substantially affects IC

Economic activity only

Aggregation

History of local regulation?


3/23

Gonzalez v. Raich

Federal Controlled Substances Act

Unlawful to use or dispense controlled

substances (including marijuana) California Compassionate Use Act

Monson grows her own marijuana


4/23

Raich Opinion

Like Wickard

Aggregation

Rational Basis review

Congress can regulate the entireclass if the total incidence of apractice poses a threat to the nationalmarket


5/23

Commercial v. Non-Commercial?

Congress can regulate non-commerciallocal activity if it concludes that failure toregulate that class of activity would

undercut the regulation of the interstatemarket in that commodity.

The diversion of homegrown marijuana

tends to frustrate the federal interest ineliminating commercial transactions in theinterstate market in their entirety.


6/23

Hypo Bubbas Bicycles

Congress passed an act requiring that all sellers ofbicycles in the United States register their bicycles with afederal bicycle registry. The purpose of the law is toprovide reliable evidence of ownership to reduce bicycle

theft. No fee is charged for the registration. Althoughmost stolen bicycles are kept or resold by the thieves inthe same cities in which the bicycles were stolen,increasing numbers of bicycles are being taken to citiesin other states for resale.

Bubba sells bicycles only in Arkansas and does not wantto register them with the federal bicycle registry becausehis bicycles, known as Razorback Racers, never leavethe State of Arkansas.


7/23

Limits on congressional power

Internal how far does the enumeratedpower extend?

External does some other provision ofthe constitution prevent Congress fromregulating?


8/23

10thAmendment

The powers not delegated tothe United States by theconstitution, nor prohibited byit to the States, are reserved to

the States respectively, or tothe people.


9/23

10thAmendment limits on

congressional power Congress States

Congress States

People


10/23

Congress States

National League of Cities:

FLSA applies to states as employers

Impact on state sovereignty? Control & $$ Traditional government functions

Garcia: Judicial Determinations

unworkable Political process


11/23

New York v. US (1992)

Low Level Radioactive Waste PolicyAmendments Act of1985

1) Monetary incentives

States paid to accept waste

2) Access incentives

States authorized to refuse waste

3) Take Title

States must take over private waste


12/23

Internal Limits

Did an enumerated power authorizeCongress to enact this statute?

IC Clause waste travels in IC Spending Clause


13/23

What can Congress do to

accomplish its goals? Regulate states directly using IC power

Use IC power to authorize states to

discriminate against IC Preemption: Give states the choice

between implementing federal regs andletting the feds do it

Spending Power attach conditions tofederal funds


14/23

What cant Congress do?

Congress cannot commandeerstates andcompel them to enforce federal regulatoryprograms Why?

Intent of Framers

Confusion of citizens

Lack of accountability


15/23

Analysis of statute

1) Monetary incentives

OK to attach conditions to funds

2) Access incentives OK to authorize states to enter into

compacts

3) Take Title

Too coercive = commandeering

Bottom Line - Choice


16/23

NY v. US other issues

1) Would any federal interest besufficiently important to justifycommandeering?

No bright line. 2) But states wanted this law!

Where Congress exceeds its authority

relative to the States . . the departure fromthe constitutional plan cannot be ratified byconsent of the states.

Federalism protects individual liberty!


17/23

Printz v. US (1997)

Brady Handgun Violence Prevention Act

CLEOs implement federal background checkprogram

Court: anti-commandeering rule applies to stateexecutives, too!

The power of the federal government would be

augmented immeasurably if it were able toimpress into service and at no cost to itself the police officers of the 50 states.


18/23

Commandeering Executives

Sheriff CLEO

Sheriff CLEO

Sheriff CLEO


19/23

Direct regulation of states

after NY and Printz Drivers Privacy Protection Act of1994 States forbidden to sell SS#s of drivers

license applicants Congress States = OK


20/23

Congress Can:

Regulate the states directly

Attach conditions to federal

money

Preemption give states the

choice between following federalregulations and letting the federalgovernment itself regulate


21/23

Congress Cant

Commandeer state legislatures to enactfederal policy

Commandeer state executives toimplement federal policy


22/23

Hypos

2. Congress enacts legislation ordering stategovernors to close interstate highways whenSecretary of Homeland Security issues a Red

Alert -- NO 3. Congress enacts legislation closing interstatehighways when Secretary of Homeland Securityissues a Red Alert -- YES- directly regulating

4. Congress enacts legislation ordering stategovernors to call out all state police forces to

protect state highway -- NO?

5. Congress enacts legislation requiring states

to pay those workers double overtime if theywork more than 50 hours a week -- YES


23/23

Hypos

6. Congress enacts legislation ordering statelegislatures to appropriate funds to pay for extrapolice forces

7. Congress enacts law that provides stateswith funds to protect against terrorism - YES

a. All states that accept funds must agree toclose down state highways whenever Ridgedeclares a red alert - YES

b. All states that accept funds must agree thattheir governor will mobilize state policewhenever Ridge declares a red alert -

con law class 9 the commerce power 2.10

Documents