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I. Proliferation of Government Regulation

I. Proliferation of Government Regulation. II. State Regulation. A. State power 1. To regulate intrastate commerce 2. limited by the federal gov'ts power to regulate interstate commerce B. Federal preemption 1. express preemption 2. implied preemption C. Burden on interstate commerce

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I. Proliferation of Government Regulation

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  1. I. Proliferation of Government Regulation

  2. II. State Regulation A. State power 1. To regulate intrastate commerce 2. limited by the federal gov'ts power to regulate interstate commerce B. Federal preemption 1. express preemption 2. implied preemption C. Burden on interstate commerce 1. four part test 2. example D. Concept summary

  3. III. Federal Regulation of Business A. Current broad view of Commerce Clause B. Federal legislation was applied to business utilizing this clause

  4. IV. Constitutional Checks on Governmental Power • State action: Gov’t action 1. Constitution protects individual against gov’t only 2. private deprivation of individual rights permitted B. Due Process Clause of Fifth & Fourteenth Amendments 1. 5th Amendment: DP owed by federal gov’t 2. 14th Amendment: DP owed by state gov’t 3. Procedural due process 4. Substantive due process

  5. IV. Constitutional Checks on Governmental Power (cont.) C. Equal Protection Clause of 14th Amendment • prohibits the states from denying any person the equal protection of its laws • Creates suspect class D. Supreme Court Standards of Review 1. Rational Basis: RATIONAL RELATIONSHIP to a LEGITIMATE state purpose 2. Strict Scrutiny: necessary for COMPELLING state purpose a. used for suspect classifications: EP clause b. used for fundamental rights: DP, 1st Am, etc

  6. IV. Constitutional Checks on Governmental Power (cont.) E. First Amendment 1. protects free speech & freedom of the press 2. political speech vs commercial speech 3. gov't regulation of political speech permitted only if: 4. traditionally, commercial speech rec'd no protection 5. VA State Board of Pharmacy v. VA Citizens 6. Commercial speech now receives lesser constitutional protection • Cannot be deceptive or violate other law • Time, place & manner restrictions

  7. V. Administrative Agencies A. Creation of administrative agencies 1. examples 2. argument pro 3. argument con B. Characteristics 1. legislative 2. judicial 3. plaintiff must exhaust all administrative remedies C. Limits of agency powers • Due process • Judicial review

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