LEGL 2700 Ch.6 Reading Notes
LEGL 2700 Ch.6 Reading Notes LEGL 2700
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This 1 page Class Notes was uploaded by Jessica Su on Monday August 29, 2016. The Class Notes belongs to LEGL 2700 at University of Georgia taught by Lara Grow in Fall 2016. Since its upload, it has received 229 views.
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Date Created: 08/29/16
● The Constitution is framed by several concepts that create a strong centralized, federal government ○ Separation of Powers each level of government has a separate and distinct role to play ■ Known as Federalism: the separation of powers between the federal and state/local government ○ Supremacy Clause under article VI, the Constitution stated that the Constitution is supreme under all laws and that federal law is supreme over a state law or local ordinance ■ Courts may call upon to decide if a state law is conflict with a federal law ■ Preemption federal law supersedes state law if they are in conflict ○ Commerce Clause: Article I gives Congress the power for… ■ Regulation of foreign commerce ● Ex. trade embargos ● State cannot regulate foreign commerce unless it is entirely within the state’s boundaries ■ Regulation of interstate commerce ● The power of federal government not only include the persons engaged in interstate commerce but also activit ffecting interstate commerce ■ Impact on interstate commerce ■ Possible limitations of federal regulatory authority ○ Contract Clause states cannot enact laws that impact rights and duties under existing contract/law ● First Amendment Protection ○ Freedom of Religion ■ Establishment Clause Congress shall make no law “respecting an establishment of religion” ■ Free Exercise Clause Congress shall make no law “prohibiting the free exercise thereof” ○ Freedom of Speech ■ Covers both verbal and written communications ■ Does not apply to private action ■ Obscenity, meaning extremely offensive word or expression, is an unprotected speech ○ The Federal Communications Commision (FCC) has the power to restrict certain speech. It prohibits legally obscene broadcasts at all times and airing inappropriate languages between 6am to 10pm on radio and tv
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