Regulation of Business Social & Political Context Opposing American Values –Big Government is BAD –Government should protect us from all perceived evils

U.S. Constitution Commerce Clause Supremacy Clause Bill of Rights Eminent Domain 14 th Amendment

Commerce Clause Interstate or local? Role of Roosevelt State Regulation standards –Supremacy of federal regulation –Benefits must outweigh burden –No unfair advantage to local businesses –Effect on interstate commerce –Alternatives to achieve same goal

Commerce Clause State taxes –Sufficient nexus –Fairness –Quill case

Supremacy Clause Wording of federal statute Level of detail of federal regulation Benefit of federal regulation Nature of conflict

Bill of Rights 1 st Amendment –Commercial speech –Murderers turned authors –Corporate political speech 5 th Amendment –Due process

14 th Amendment Equal protection Disparate treatment

Eminent Domain Transfer of private property for public good Broad interpretation –Any kind of property –“conceivable public purpose” Just compensation