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BLAW Final Exam Guide.docx - Chapter 4 ● Constitutional...

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Chapter 4Constitutional Powers of GovFed gov and states share sovereign powerFed form of govTenth amendment reserves all power to the states that have not been expresslydelegated to the national governmentStates have inherent police power including right to regulate health, safety,morals and general welfare, licensing, building codes, parking regulations, andzoning restrictionsCommerce ClauseUs gives congress power to: “regulate commerce with foreign nations, andamong the several states, and with the indian tribes (art. 1 sec 8)Greatest impact on business than any other constitutional provisionLandmark in the LawGibbons V. Ogden (1824)To chief justice marshall, commerce meant all business dealings thatsubstantially affected more than one state.The national government had the exclusive power to regulate interstatecommerceThis case gave the congress more power over state governmentsCommerce ClauseApplies to virtually all commercial transactionsOnly occasionally has the supreme court curbed the national governmentsregulatory authority under the commerce clauseDormant Commerce ClauseNational government has exclusive power to regulate interstate commerceStates only have a dormant (negative) power to regulate interstate commerceCourts balance states interest vs. national interestGonzales v RaichCongress was allowed to regulate interstate commerce of marijuana useif they think its gonna interfere with the control of commerce amongststatesThe Supremacy ClauseArticle VI of the constitution provides that constitution, laws and treaties of the USare the “supreme” law of the land”Preemption: A doctrine under which certain federal laws preempt, or takeprecedence over, conflicting state or local lawsCongressional intentWhat the congress intended to do when they made the lawBusiness and the Bill of RightsFirst Amendment – freedom of religion, freedom of speechSecond Amendment – right to keep and bear armsThird Amendment – prohibits lodging of soldiers in any house without owner’sconsent during peacetime
Fourth Amendment – unreasonable search and seizureFifth Amendment – rights to indictment by grand jurySixth Amendment – right to speedy and public trialSeventh Amendment – right to trial by jury in civil casesEighth Amendment – prohibits excessive bail/fines and cruel/unusual punishmentNinth Amendment – establishes people have rights in addition to those specifiedin ConstitutionTenth Amendment – establishes powers reserved for statesLevels of Constitutional ReviewStrict Scrutiny: if a law or action prohibits or inhibits some persons fromexercising a fundamental right, the law or action will be subject to “strict scrutiny”by the courts.

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Term
Fall
Professor
Rhoads
Tags
U S Securities and Exchange Commission, Sherman Antitrust Act

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