(1) Congress can pass laws that regulate the channels of interstate commerce, (2) regulate the instrumentalities of interstate commerce and persons and things in interstate commerce, (3) regulate activities that have a substantial effect on interstate commerce.
If intrastate activity (Commerce C.)
(1) Can regulate if economic or commercial activity & rational basis that Congress could conclude that the activity in the aggregate substantially affects interstate commerce (2) If it’s noncommercial/ noneconomic, cannot be regulated unless congress can factually show a substantial effect on interstate commerce.
Who must follow (Commerce C.)
Who does it cover? Exceptions? (Commerce C.)
Congress may prohibit private racial discrimination in activities that might have a substantial effect on interstate commerce.
Fair process (notice & hearing) required for govt. to individually take a person’s life, liberty, or property. Only intentional (not negligent) deprivation of these rights violated the Due Process Clause.
What does it do? (5th/14th Am.Subst.)
If limits liberty of all persons. If fundamental right, use strict scrutiny; in all other cases, use rational basis.
If a person or class of persons is treated differently from others, then: (1) If fundamental right or suspect classification: strict scrutiny. (2) If quasi-suspect class: intermediate scrutiny. (3) If anything else: rational basis. (4) For intermediate & strict, have to show discriminatory on face or discriminatory intent & impact.
Who must follow? (Eq.P.14th)
Applies only to state/local govt. (for fed., use due process).
Prevents states from depriving any person of life, liberty, or property without due process and equal protection of law
Who must follow? (14th)
Applies to states
Who does it cover? Exceptions? (14th)
Congress can adopt appropriate legislation under section 5 to remedy already recognized violations (need to point to a history/pattern of state violation & a congruent and proportional (narrowly tailored) legislation)
Prohibits states from enacting any law that retroactively impairs contract rights
Who must follow? (Contact C.)
Applies only to state/local govt.
(for fed., use due process)
Who does it cover? Exceptions? (Contact C.)
Private contracts get intermediate scrutiny (serves an important & legitimate public interest and is reasonably and narrowly tailored means of promoting that interest); public contracts get same test, but stricter scrutiny
States are allowed to regulate local aspects of interstate commerce, but not if it discriminates against or unduly burdens (balancing test, ct. will consider less restrictive alternatives) interstate commerce.
Discriminatory regs (DCC)
Almost always invalid. Exceptions: Important state interest (noneconomic, necessary), state as market participant, traditional govt. function)
Who must follow (DCC)
Who does it cover? Exceptions?
(1) Congress may permit state regulations that would otherwise violate commerce clause/prohibit regulations that would otherwise be okay (2) Aliens and corporations can be Ps (3) does not require discrimination against out-of-staters in order to apply (4)requires a burden on interstate commerce (5) exceptions: Congressional approval and the market participant exception