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

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

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Business Law 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 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. 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. 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. 4.
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This note was uploaded on 02/08/2011 for the course BUS LAW 320 taught by Professor Soos during the Fall '10 term at Rutgers.

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

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