The U.S. Legal System
"One level-headed smart man could interpret every law there is. If you commit a crime, either you did or you didn't- without Habeus
Corpus, change of venue, or any other legal shindig. But, Lord, if we go into the things that are useless, why two thirds of the world
would have to turn to manual labor. That's really the only essential thing there is." -Will Rogers
● This is saying that lawyers are making the system too complicated so that they are needed.
-Habeus Corpus- the right to be in the courtroom/know why you are in jail
-Change of Venue- if you think you aren't getting a fair trial, you can request to go somewhere else
Federalism- a system of government where people are regulated by both federal and state governments
● The federal government has power over all fifty states
● State governments have power to regulate within their state boundaries
● The power of the federal government is limited by the U.S. Constitution
● Tenth Amendment- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively or to the people."
Powers of the Federal Government:
Express Powers- powers given to Congress that are spelled out in the constitution
● Provide for the common defense and welfare of the United States
● Borrow money
● Regulate commerce with foreign nations and between states
● Coin and regulate money- all the states have the same kind of money
● Establish inferior courts
● Declare war
● Raise and support armies; maintain navy
● Call forth, organize, arm, and train a militia
The Federal Government is given these specific powers to keep our nation running smoothly. The states can't do these huge things
differently- these are the things that need to be the same.
Implied Powers- the power to make laws needed to help carry out express powers
●"Necessary and Proper Clause" or "Elastic Clause"- Congress shall have Power… to make all Laws which shall be necessary an
proper for carrying in to Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government
the United States."
● Mcculloch v. Maryland- "whenever a general power to do a thing is given, every particular power for doing it is included."
Commerce Clause- a section of the U.S. Constitution giving the U.S Congress the right to regulate foreign and interstate commerce
● Katzenbach v. McClung (1964)
● United States v. Lopez (1995)- There was a regulation to not allow firearms on school property; Lopez was stopped and caugh
with a firearm on school grounds; but then the law was overturned, saying that the Commerce Clause shouldn’t include that-
wasn't engaged in commerce with the gun, not buying or selling it, just had it
, ● NFIB v. Sebelius (2012)- "Allowing Congress to justify federal regulation by pointing to the effect of inaction on commerce wou
bring countless decisions of an individual could potentially make within the scope of federal regulation, and- under the
Government's theory- empower Congress to make those decisions for him."
In the first two cases, actions were happening, In the third, they said that if inaction also affected commerce, everything would be free
game, so this was overturned. They said you could tax people for inaction, but not penalize them under the Commerce Clause.
There's probably nothing you can do that doesn't apply to the broad definition of the Commerce Clause.
Katzenbach v. McClung 1964:
Ollie's Barbeque served only white people in the dining room, and people of color could get take-out. The Civil Rights Act applied only
businesses involved in interstate commerce. Ollie's was a small, in-state business, but some of the product they bought was transport
in interstate commerce.
● The restaurant bought approximately $150,000 worth of food, 46% of which was meat bought from a local supplier who had
procured it from outside the state.
● The case Heart of Atlanta Motel v. United States, outlined the federal government's power to regulate interstate commerce
insofar that it requires hotels and motels to serve transients without regard to race or color.
● Sections of The Act stated that everyone in entitled to the full and equal enjoyment of goods and services of any place withou
discrimination, and that they would only be able to do this if they were not engaged in interstate commerce and that it was
supported by their state.
● There is no evidence that the state supports it.
● "even if appellee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reach
by Congress if it exerts a substantial economic effect on interstate commerce…"
● Congress can not interfere is the activities are solely within one state and do not affect any other states and when it is not
necessary to interfere
This case is an example of how the federal government navigates between state powers and their own. The court had to decide if the
were able to intervene because even though it was happening in only one state, they were slightly tied to interstate commerce. Even
though acting on racial discrimination is not an express power, the restaurant is involved in interstate commerce, which is federal und
the Commerce Clause, making this case available to the federal government by implied powers.
Powers of the State Government:
Police Powers- states can make laws that provide for the general, health, welfare, and safety of its citizens.
Preemption- the federal government has the exclusive right to regulate a particular subject area.
Ex Post Facto Laws- makes a person criminally responsible for an act that was committed before it was made a crime; "after th
fact"
Exclusive and Concurrent Powers:
