The Commerce Clause of the Constitution limited the right of the federal governm
ID: 1239069 • Letter: T
Question
The Commerce Clause of the Constitution limited the right of the federal government to regulate commerce between the states. As long as a person does not sell their wares out of state, the Commerce Clause does not apply and that business cannot be subjected to federal regulations. The Bill of Rights protects people against other, ill-intended people. The Fourth Amendment limits only civil court cases under the limitation against "double jeopardy." There are two religious prohibitions as to the government in the First Amendment. The Fifth Amendment prohibits the police from entering ones private dwelling. The Due protection Clause is applied to the Federal Government through the Fifth Amendment and to the states through the Fourteenth Amendment. The Due Protection Clauses have both substantive and procedural components. If a federal law denies a person rights without that person having a chance to argue his position, that law is likely unConstitutional due to lack of due process If a federal law imposes a duty on some people, but not others, the law is de facto unConstitutional In order for a law which impacts a non-fundamental right to meet Constitutional muster, the federal government must show that the law is necessary to promote a compelling state interest It is far easier for a law to overcome a challenge to its Constitutionality if the challenge on the basis of a rational basis (legitimate government interest) as opposed to strict If a federal law imposes a duty on some people, but not others, the law is de facto unConstitutional. In order for a law which impacts a non-fundamental right to meet Constitutional muster, the federal government must show that the law is necessary to promote a compelling state interest. It is far easier for a law to overcome a challenge to its Constitutionality if the challenge is on the basis of a rational basis (legitimate government interest), as opposed to strict scrutiny (compelling state interest.) Equal protection challenges to laws which effect gender are typically based on the intermediate standard; if the law is "substantially related to important state objectives." Commercial speech is seen as important as political speech and is therefore equally protected by the Constitution. An administrative search is unConstitutional unless a proper warrant is issued. Federal preemption is in part product of the North winning the Civil War. The Constitution prohibits the government from granting any Title of Nobility. The Contract Clause restricts the states' right to interfere with private contracts, such as passing laws which forgive private debts. Bills of Attainder are Constitutionally prohibited. Ex Post Facto laws make punishable now an act which was done when legal. If there were no Full Faith and Credit clause in the Constitution, it would be harder to get a divorce in California of Florida marriage.Explanation / Answer
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