Chapter 5 Business Law

-series of compromises about power.
-embodies the fundamental laws and principles the US governs

Federalist
-urged strong central government

Antifederalist
feared a powerful central government

James Madison

Legislative Branch

Executive

Judicial

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-First 10 Amendments
-Protect the rights of the people
-US Constitution did not explain rights of citizens

3 branches, each individual and equal

Gave power to states for regulations

Ended Slavery

Right to vote regardless of race

-Ban of Alcohol
-Repeals the 18th

Right to vote regardless of sex

18 types of statues that congress is allowed to pass.
-imposing taxes, declaring war, and coining money

....are reserved to the states"

Article 1 Section 8, gives Congress the power to regulate commerce with foreign nations and states

-coordination and fairness to commerce
-stop the states from imposing taxes and regulations that harm domestic trade

Congress may regulate any activity that has a substantial economic effect on interstate commerce.
DOES NOT require that things travel from state to state

Holds that a state statue discriminating against interstate commerce is always unconstituitonal

Constitution, federal statues, and treaties, the supreme law of the land

Preempts: it controls the issue
State Law loses to Federal Law

-no conflicting federal law
-congress has not intended to dominate the issue

to enforce the nation's laws
-Appointment, legislation, and foreign policy

nominates most of them

-appoints supreme court judges
-proposes bills to congress
-too many proposals come from president and congress becomes overly passive

coordinates international efforts, negotiating treaties, commander in chief of armed forces

NOT president
Only Senate
Caused presidents to use troops without declaring war

creates supreme court
permits Congress to establish lower courts within the federal court system

adjudication and judicial review

hears criminal and civil cases

-Doesn't appear in constitution
-refers to the power of federal courts to declare a statue or government action unconstitutional and void

A court's willingness to get involved and decide on constitutional grounds

A court's attitude that it should leave lawmaking to legislators
- stay out of it
-opposite of judicial activism

the constitutional protections extend to all levels of the government

against governmental acts.

1st Amendment

Protected unless it is intended and likely to create imminent lawless action

-government may regulate
-free speech zones
-permit, daylight hours, police supervision, and sanitation

has never received constitutional protection

-average person takes prurient interest
-depicts sexual conduct
-lacks serious value

Communication that proposes a business transaction
-Ex: Ads

Govt may regulate if rules are reasonable and directed to a legit goal.
-Outlaw false or misleading commercial speech

Before taking someone's property they need to give them a chance to oppose

Gov can take property for public use but needs to compensate

the gov's power to take property for public use

Rights that are so fundamental that a government cannot take them

Government must treat people equally

-economic & social relations
-Government actions that classify people or corporations on these bases are almost always upheld.

-gender
-sometimes upheld

-Race, Ethnicity, and fundamental rights
-almost never upheld

Rights so basic that any governmental interference with them is suspect and likely to be unconstitutional