Understanding Federal Preemption, Interstate Commerce, & Constitutional Rights in Law, Slides of Commercial Law

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CONSTITUTIONAL LAW

FEDERAL PREEMPTION

• 1) LITERAL CONFLICT BETWEEN STATE

AND FEDERAL LAWS SO THAT IT IS

IMPOSSIBLE TO FOLLOW BOTH

• 2) FEDERAL LAW SPECIFICALLY DECLARES

THAT IT WILL PREEMPT STATE REGULATION

• 3) FEDERAL REGULATION IS PERVASIVE

• 4) STATE REGULATION IS AN OBSTACLE TO

FULFILLING FEDERAL LAW

DORMANT COMMERCE CLAUSE: TWO WAYS

STATES CAN VIOLATE

• 1. UNDUE BURDEN
• 2. DISCRIMINATORY

“RIGHTS” = ENDS-MEANS TESTS

CONSTITUTIONAL “RIGHTS” TESTS ENDS^ MEANS

STRICT SCRUTINY COMPELLING^ NECESSARY

INTERMEDIATE SCRUTINY IMPORTANT^ SUBSTANTIALLYRELATED

RATIONAL BASIS LEGITIMATE^ REASONABLE

CLASSIFICATION: Commercial or Not?

• 1. speaker = commercial
• 2. intended audience = actual or potential customers
• 3. content of the message = representations of fact of a commercial nature

EQUAL PROTECTION CLAUSE

CATEGORIES

• STRICT SCRUTINY = race or fundamental right (travel, vote)
• INTERMEDIATE SCRUTINY = age, sex, illegitimacy
• RATIONAL BASIS = economic & social relations

PROCEDURAL DUE PROCESS: THREE

FACTORS

• 1) PRIVATE INTEREST

• 2) RISK OF ERROR OF CURRENT PROCESS

(and value of additional or substitute procedures)

• 3. GOVERNMENT INTEREST (including cost) OF ADDITIONAL OR SUBSTITUTE PROCEDURES

TAKINGS CLAUSE:

EMINENT DOMAIN

• PROPERTY (REAL, PERSONAL, CONTRACT)

• TAKING (EVEN REGULATORY TAKINGS)

• PUBLIC USE

• DEVELOP GOVERNMENT-OWNED FACILITY
• CONSTRUCT IMPROVEMENTS TO WHICH THE PUBLIC WOULD HAVE BROAD ACCESS
• FURTHER MEANINGFUL PUBLIC PURPOSE
• JUST COMPENSATION