LAW second Exam-1 - Chapter 6: the constitution and...

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Chapter 6: the constitution and regulation of Business Basic Concepts The united states constitution provides the legal framework of our federal government and the the authority it has to regulate business activities 1) Separation of Powers Federalism- separation of powers between levels of government federal state and local Each level of government has a separate and distinct role to play 2) Supremacy clause Article VI federal law makes it clear that the Constitution is supreme under all laws and that federal law is supreme over a state or local ordnance. Under Supremacy clause- courts may be called upon to decide if a state law is invalid because it conflicts with federal law. Federal law is the supreme law of the land Preemption Federal law can preempt an area of law. Meaning that if federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. Applies to both federal statutes and federal administrative agencies 3) Contract Clause “No State shall….pass any…law impairing the Obligation of contracts.” – states can not pass laws that would effect the duties under current contracts Does not apply to the federal Government, which does frequently adopts laws that affect existing contracts May not apply in emergencies Amendments and Basic protections First 10 amendments = bill of rights First. All constitutional rights are not absolute Constitutional guarantees exist in order to remove certain issues from the political process and ballot box Rights also vary from time to time and may be restricted at times 4) Freedom of Religion Congress can make no law “respecting an establishment of religion” (establishment clause) or prohibiting the free exercise of thereof (free exercise clasues) In business sense most cases have to do with forcing people to work on Sunday 5) Freedom of the Press
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congress shall make no law abridging the freedom of the press no absolute- used to prohibit prior restraints - cannot print something illegal. I.E FCC Censorship freedom of the press involves defamation- aka in tort theory as “Libel” used to recover damages as a result of printed defamation of character.- must prove that it was actual malice 6) Freedom of Speech both verbal and written communication government cant restrict our ability to express ourselves also covers conduct or actions considered “Symbolic Speech”- like a protest not absolute but as close as the rest of the guarantees can be over breadth doctrine- legislators have gone too far in seeking to achieve a goal Commercial Speech commercial speech- not protected by the first amendment until 1970s we not protect corporations and such 7) Right To Possess Guns A well regulated militia, being necessary to the security for a free state, the right of the people to bear arms, shall not be infringed” 2008 supreme court said people can have handguns in homes for self defense
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This note was uploaded on 05/02/2010 for the course ACCT acct352 taught by Professor Depue during the Spring '10 term at University of Delaware.

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LAW second Exam-1 - Chapter 6: the constitution and...

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