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Chapter 6 Federal Preemption of State Power Wariness of a strong central government was a central theme of the federal Constitution’s framing and ratification. Although the national government was conceived as a government of limited power, the Constitution’s supremacy clause provides that laws enacted “under the Authority of the United . . . Read more
Chapter 5 State Power Although the commerce clause vests the federal government with exclusive authority over the national economy, the states retain an interest in regulating matters of health, safety, and public welfare. A state law that prohibits smoking in restaurants, for instance, accounts for public health but also affects . . . Read more
Chapter 7 Privileges and Immunities The privileges and immunities clause of Article IV, Section 2, has a common history with the commerce clause. Both of these provisions reflect the framers’ concern with state protectionism that undermines the viability of a national economic union. Cases under the privileges and immunities clause . . . Read more
