Facts: Farmer grows grain on his own land for consumption by his own animals. This violates a federal price and quota scheme.
Issue:
Does the federal government have the power to regulate a farmers production of wheat on his own land for consumption by his own animals?
Rules:
Commerce Clause
Elastic Clause
Contracts Clause
Price fixing, quotas, market stabilization
retroactivity; ex post facto = Rückwirkung
Vth Amendment – due process
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Addressed to: Federal Government, not private persons or states.
Applied to states via: 14th Amendment
“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
-here, the government action was ex ante, and the terms of the law were clear, thus meeting the procedural standard.
Means-Ends review:
federal power to regulate intra-state commerce which is necessary means to regulate the enumerated power of interstate commerce regulation may be implied.
Notice how proportionality in the broad sense is used here as the measure of implied federal powers. I haven’t seen proportionality used that way in Europe, but you might if you do – tell me.
RATIONALE
Begriffsjurisprudenz (Conceptual jurisprudence) – Legal Formalism (absolute rights) VERSUS
Freie Rechtslehre – Legal Realism (relative rights; relativization of rights)
Interessenabwägung – Interest balancing
Verhältnismäßigkeit – Proportionality (means-ends rational review with strict scrutiny for suspect classes)
Vocabulary:
Rechtsangleichung – Approximation; Harmonisation of laws
Directive – Richtlinien
Regulation – Verordnung
Kann/Muss Entscheidung – Discretionary/Ministerial act
Direct Effect