Ch. 2 - MGMT 311

police powers

not just law emforcement

includes ability to reg certain affairs within their boarders

privileges & immunities clause

citizens of each state shall be entitled to all privileges and immunities of citizens in the several states

“if i give rights to citizens of my state, i cant deprive citizens of another state of that same right” …w/o substantial reason that is substantially related to the purpose of the rule

(this is for public places - private places are not constricted by these)

full faith and credit clause

ensures that any judicial decision from one state w/ respect to property rights will be honored & enforced in all other states.

• judgement(ruling) from another state

• marriage decrees

commerce clause

• to regulate commerce w/ foreign nations, and among the several states

• congress has authority to regulate trade and commercial activities that cross state lines

• it also prevents the states from est law that would interfere with trade and commerce among the states

• ex: wineries scenario - ended up being discriminating against interstate commerce providing in-state busn

Gibbons v. Ogden

held that congressional power now includes regulation of intrastate activities that “substantially affect interstate commerce”

preemption

legal doctrine under which certain fed laws preempt (or take precedence over) conflicting state or local laws

when cong chooses to act exclusively in concurrent area, preemption occurs

congressional intent to preempt a conflicting state or local law exists if the fed law:

• is so pervasive (spread thro whole area), comprehensive, or detailed that it leaves state and local law no room to supplements it (states can't add to it or fill gaps - no space for that)

• creates a fed reg agency (ex: FDA) that is empowered to enforce fed law (signals Congress wants one unified federal system)

• Preemption doesn't always mean states are completely locked out. Sometimes Congress explicitly allows states to be stricter than the federal standard, just not looser.

• ex: fed laws about environment. Fed EPA say if state wanna be more strict that us, then its ok

big takeaway: federal law dominates, but the degree to which it pushes states out depends on what Congress intended.

content-neutral laws

regulate the time, manner, and place (but not the content) of speech recieve less scrutiny by the courts

laws that restrict content of speech must have compelling gov interest and be narrowly written

ex: cant yell fire in theater when theres no fire - creates immediate, serious harm (panic, trampling)

not all speech restrictions are treated equally by courts.

These don't care what you're saying — they just regulate the logistics of speech. → Time, Place, and Manner

corporate political speech

falls within protection of 1st amend

ex: citizens united v. fed election commission

• rules corps can spend freely to support or oppose candidates for pres or cong (a form of speech)

commercial speech

advertising

restrictions: substantial gov interest, directly advance that interest, go no further than necessary to accomplish its objective

ex: billboard ban for the purpose of highway beautification