Key Terms
Before the current Constitution
The Articles of Confederation. Problems with the Articles:
Bicameral legislature
Two chambers that must BOTH agree before legislation passes.
States have police power
Authority to regulate public safety, health, welfare, and morals. States may grant MORE civil rights to citizens than th
Nexus rule for state taxation
A state can only tax activity with a connection (nexus) to that state.
Supremacy Clause
Article VI, Section 2. The Constitution, federal laws, and treaties are the "supreme law of the land." State judges are
EXPRESS PREEMPTION
Congress explicitly states it intends to regulate an area completely. State law is displaced.
IMPLIED PREEMPTION
Congress does not explicitly say so, but passes laws that "occupy the field" so completely that no room for state regula
CONCURRENT REGULATION
Some areas allow both federal and state governments to regulate together. Example: consumer protection laws.
Commerce Clause
Article I, Section 8. Grants Congress the power to "regulate Commerce with foreign Nations, and among the several States
Example of a violation
Requiring out-of-state corporations to pay higher taxes or fees than in-state corporations.
Exception
States may still exercise police power to protect citizens as long as the power is exercised evenly and equally across a
Example that does NOT violate
Weighing all trucks on a state highway to enforce weight limits, including trucks from other states — because ALL trucks
CORPORATIONS AND CIVIL RIGHTS
The Constitution does not use the word "corporation." However, Congress defined "person" to include corporations; theref
Contains five key protections
Speech, religion (two clauses), press, assembly, petition.
ESTABLISHMENT CLAUSE
Government cannot establish (create, endorse, promote) any religion.