Bul3310 Test 2

Front 1

Subject matters exclusively federal

Back 1

any attempted state regulation is unconstitutional under the Commerce and Supremacy Clauses

Front 2

Subject Matters of Possible Dual Regulation

Back 2

a. Subjects preempted by federal law. (air traffic control, space travel)

any state law is unconstitutional under the commerce and supremacy clauses
(emissions control, states can have more strident laws but not laws that negate the fed)

b.) subjects covered by federal law which do not preempt the field.

1) state laws which are in irreconcilable conflict are unconstitutional (can't go against federal law)

2) State law must not discriminate against interstate commerce in favor of intrastate commerce.

3) state law must not impose an undue burden on interstate commerce.
(truckers - weigh stations reasonable, mud flap regulation not reasonable)

3. Subject Matters Exclusively Local

a) State/local regulation permitted, subject to police power limitations:

1) law must relate to public health, safety, welfare or morals (tallahassee strip clubs)

2) Law must not violate U.S. Constitution, i.e., equal protection, due process or commerce clauses.

3) Law must not be unreasonable or arbitrary (FL Supreme Court v. Costco - Distance between liquor stores)

4. Commerce clause and taxation of business by states

a) nexus or taxable situs required
nexus (hanger @ aiport, branaff in nebraska)

b) fair apportionment required (branaff benefitted from nebraskan public service)

Front 3

Guidelines for Interpreting Constitutional Rights

Back 3

1. Cons. Rights are not absolutes.

2. Cons. Rights involve a weighing process between competing policies.

3. Cons. Rights are variable from time to time

4. Cons. Rights protect the minority from the majority

Front 4

14th Amendment

Back 4

..nor shall any state deprie any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

Front 5

Due process clause

Back 5

1. fundamental fairness required

2. notice and hearing required

a) ordinance - it is unlawful for three or more persons to congregate on a city street in a manner annoying to others."

Front 6

Equal protection clause

Back 6

1. Invidious Discrimination is illegal

2. rational basis test discrimination is legal