Chapter 4 Lesson

Chapter 4 Lesson - Chapter 4 - The Constitution and...

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Chapter 4 - The Constitution and Business OBJECTIVES: After completing this lesson, the required reading, and the assignments, learners will be able to: 1. Discuss how the concepts of federalism and separation of powers affect the organization of the federal and state governments. 2. Describe the constitutional basis for the power of the federal government to regulate business. 3. Explain the concept of eminent domain and its applications. 4. List several of the fundamental rights and protections provided by the first ten amendments to the Constitution, known as the Bill of Rights. Organization of the Federal and State Governments Federalism, Separation of Powers, Judicial Review Please refer to your textbook. The Power to Regulate Business Activities The Commerce Clause, The Police Power Please refer to your textbook. We will not to cover the Taxing and Spending Powers or the Contract Clause. Eminent Domain and Inverse Condemnation Can the government take your property away from you against your wishes? I'm sure most of you are aware that the answer to this question is yes , assuming certain criteria are met. The 5th Amendment to the U.S. Constitution states in part: " Nor shall private property be taken for public use, without just compensation. " This is referred to as the government's power of eminent domain . Thus, according to the language of the 5th Amendment, the government may exercise its power of eminent domain when two conditions are met. The taking of property must be for a "public use" and the property owner is entitled to "just compensation." Take a look at the Poletown Neighborhood Council v. City of Detroit case in your book. (I'm assuming you've already read the case.) What is the "public use" of the property in question? Do you think after GM built its plant on the property, it was open to the general public for public activities? Look at Question 3 at the end of the case. Should
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"public use" mean "public purpose" or "public benefit?" If these terms are used interchangeably, is the government able to take property more often? How did the public "benefit" from the taking in this case? What if we still required that there be "public use" only? Make sure you understand that even though the language of the 5th Amendment says "public use," that term has often been interpreted to mean "public benefit." As you may know, cases such as Poletown are quite controversial. In recent years, court decisions have begun to sway the other way. In fact, note that according to Question 3 at the bottom of the Poletown discussion in your book, the Poletown case has been overturned. Now, the Michigan courts must find more of a "public use" before property can be taken. Fundamental Rights and Protections
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Chapter 4 Lesson - Chapter 4 - The Constitution and...

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