5 LEGL Ch. 6 (Part II)

5 LEGL Ch. 6 (Part II) - The Constitution and The...

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Unformatted text preview: The Constitution and The Constitution and Regulation of Business Chapter Six Constitutional Law Constitutional Law Amendments and Basic Protections The First Amendment Freedom of Speech – “Congress shall make no law … abridging the freedom of speech” Limited protection for commercial speech Freedom of the Press – “Congress shall make no law … abridging the freedom of … the press” Constitutional Law Constitutional Law Amendments and Basic Protections The First Amendment Freedom of Religion Establishment Clause – “Congress shall make no law … respecting an establishment of religion” Free Exercise Clause – “Congress shall make no law … prohibiting the free exercise” of religion Constitutional Law Constitutional Law Amendments and Basic Protections Due Process – The requirement that all legal proceedings be fair Procedural Due Process ­ One must be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property Constitutional Law Constitutional Law Amendments and Basic Protections Equal Protection – “nor shall any state … deny to any person within its jurisdiction the equal protection of the laws” Regulation of Business Regulation of Business Regulation of Business Regulation of Business Agencies have two primary purposes: Rule­making Notice­and­Comment Rule Making In order to challenge a promulgated regulation, a party must show: the delegation of authority to the agency was improper the agency failed to follow proper procedure, or the agency exceeded its authority Enforcement ...
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This note was uploaded on 09/21/2011 for the course LEGL 2700 taught by Professor Reed during the Spring '07 term at UGA.

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