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The Constitution And Business
The Constitution & Business
0. Separation Of Powers 0. Horizontal- 3 Branches Of Gov't Legislative,
Judicial, Executive 1. Supremacy Clause
to states. 1. Vertical- Federalism
2. Preemption Fed over State 3. Savings Clause 10th amendment reserves some 2. Contract Clause Limits States ability to
impair K (contracts) Commerce Clause
1. Regulation (Power of Fed) Through Congress is very broad
4. 5. 6.
7. Limitation Foreign Commerce Interstate Commerce State Police Power- in theory, states have exclusive if no substantial effect on Interstate Commerce State Taxation Foreign Commerce 0. Federal Gov't Has Exclusive Right To Regulate Foreign Commerce 1. State Can Regulate Commerce If Occurs Entirely Within State Boundaries Interstate Commerce
0. Persons Engaged In 1. Activities Affecting State Police Power
0. Power 1. Exclusively
2. Federal 3. Local 0. Protect Public 1. Dominant Commerce Clause 2. Dual Regulation 4. Federal Preemption 5. Regulation But No Preemption 8. Irreconcilable Conflicts when cannot
comply with both fed and state law 9. Undue Burden 6. No Federal Regulation State Taxation
2. Form Of Regulation 3. Limited By Commerce Clause 4. Apportionment to insure that a tax payer in interstate commerce pays only fair share. 5. Must Be Sufficient Tie- Nexus Or Taxable Situs First Amendment
0. Religion 1. Press 2. Speech 3. Assembly 3. Right To Petition For Redress (combination of the freedoms) Freedom Of Religion
0. Establishment Clause First Amendment 1. Free Exercise Clause First Amendment Freedom Of Press
4. Prior Restraints- Criminal & Civil Liability 5. Publishing is the ONLY private business protected by Constitution 6. Defamation 4. Libel printed (Slander is spoken) 5. Malice knowledge of or reckless disregard of falsity Freedom Of Speech
7. Symbolic Speech 8. Overbreadth Doctrine law limiting speech
enforced by one not currently affected 9. Commercial Speech 7. Protects Corporations 8. Protects Listener & Speaker 9. Includes Freedom Of Information 10. Protects Minority from Majority Fifth &Fourteenth Amendment
0. Due Process Privileges & immunities means
fundamental fairness & decency 1. Incorporation Doctrine 0. Procedural- Proper Notice & Hearing 1. Substantive- Property/Rights Affected By Gov't Action 2. 5th Amendment- Federal 3. 14th Amendment- State Local Equal Protection
2. Minimum Rationality not a lot of reasoning 3. Strict Scrutiny- Compelling State Purpose 4. Quasi-Strict Scrutiny Equal Protection Issues
3. 4. 5. 6. 7. 8. 9. 10. Legislative Apportionment Real Estate- Racial Segregation Rights Of Legitimates & Illegitimates Jury Makeup Voting Requirements Welfare Residency Rights Of Aliens Property Tax To Finance Schools Constitution/Business: TimeLine Of Cases Business Decision:
Where Does It Come From?
0. By What Authority Do Governmental Entities Impose Regulations? 1. Is There Any Limit To The Extent Regulations Impact Our Lives? 2. How Can An Individual Or Business Organization Challenge Regulatory Authorities? ...
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- Spring '08