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Ch 04 notes - Constitutional Law for Business & E-Commerce

Ch 04 notes - Constitutional Law for Business & E-Commerce

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Business Law Ch. 4: Constitutional Law for Business & E-Commerce Constitution of the United States of America Articles of Confederation (1778): Created a federal Congress composed of representatives of the 13 new states Constitutional Convention (1787): Convened to strengthen the federal government U.S. Constitution: Serves 2 major functions 1. Creates 3 branches of the federal government (executive, legislative & judicial) and allocates powers to these branches 2. Protects individual rights by limiting the government’s ability to restrict those rights Federalism : Federal government and the 50 states share powers 1. Enumerated powers : Powers delegated to the federal government Doctrine of Separate Powers 1. Legislative branch (Article I) a. Congress is bicameral (consists of Senate & House of Representatives) b. Senate: Each state has 2 senators c. House of Reps: Number determined from most recent census of the population 2. Executive branch (Article II) a. President & VP b. President elected by the electoral college (appointed by state delegations) 3. Judicial branch (Article III) a. Supreme Court Supremacy Clause 55 Establishes the following: 1. The US Constitution & federal treaties, laws, and regulations are the supreme law of the land. 2. The preemptive doctrine : State & local laws that conflict w/ valid federal law are unconstitutional. Commerce Clause 56 Grants Congress the power to regulate 3 types of commerce: 1. Commerce w/ Native American tribes a. Indian Gaming Regulatory Act : Sets the terms of casino gambling & other gambling activities on tribal land. 2. Foreign commerce a. Congress has exclusive power to regulate foreign commerce (e.g. a state cannot enact a law to ban commerce from that state w/ another foreign nation). 3. Interstate commerce 59 a. Effects on interstate commerce test : Congress is allowed to regulate activities that affect interstate commerce.
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