BUS Chapter 5 Outline.docx - Chapter 5 Constitutional Law 5-1 Government Power A One in a Million the Constitution of the United States is the greatest

BUS Chapter 5 Outline.docx - Chapter 5 Constitutional Law...

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Chapter 5: Constitutional Law5-1: Government PowerA.One in a Million- the Constitution of the United States is the greatest legal document ever written.- sits above everything else in our legal systemshort and relatively easy to read- Does Congress have the right to prohibit corporations from spending money to affect elections, or are these actions protected as free speech under the First Amendment?5-2: Overview- Thirteen American colonies declared independence from Great Britain in 1776 and gained it in 1783.- 1787, states sent group of 55 delegates to Philadelphia- antifederalists insisted that the states retain maximum authority, keeping political control closer to home- debate continues till today, and periodically it plays a key role in elections- critical question was how much power the people should have- The Constitution is a series of compromises about power.A.Separation of Powers- Framers did not want to place too much power in any single place.- Consider how the three separate powers balance one another: Congress was given the power to pass statutes, a major grant of powerB.Individual Rights- original Constituion was silent about the rights of citizens.Bill of rights – the first 10 amendments to the Constitution outlining the rights of citizens5-3: Power GrantedA.Congressional Power- members of Congress create statutes that influence our jobs, money, health care, military, communications, and virtually everything else.- Article I, section 8 lists 18 types of statutes that Congress is allowed to pass (imposing taxes, declaring war, coining money)- States are allowed to create all other kinds of laws for themselves- “All powers not delegated to the United States by the Constitution … are reserved to the States.”- Commerce Clause – the part of Article I, Section 8, that gives Congress the power toregulate commerce with foreign nations and among states. Interstate Commerce- Framers sought to accomplish several things in response to the commercial chaos that existed under the Articles of Confederation- Virtually all of the numerous statutes that affect businesses are passed under the Commerce Clause
Substantial Effect Rule- Commerce Clause, Filbum claimed, gave Congress no authority to limit what he could do- The Supreme Court disagreed and held that Congress may regulate any activity thathas a substantial economic effect on interstate commerce.- In United States v. Lopez case, however, the Supreme Court ruled that Congress hadexceeded its power under the Commerce ClauseState Legislative Power- the “dormant” or “negative” aspect of the Commerce Clause governs states effortsto regulate interstate commerce.- The dormant aspect holds that a state statute that discriminates against interstate commerce is almost always unconstitutional.

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