BL-Chapt4 - Print Chapter Page 1 of 26 Constitutional...

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Constitutional Authority to Regulate Business Chapter Introduction 4-1 The Constitutional Powers of Government 4-1a A Federal Form of Government 4-1b Relations among the States 4-1c The Separation of the National Government's Powers 4-1d The Commerce Clause 4-1e The Supremacy Clause and Federal Preemption 4-1f The Taxing and Spending Powers 4-2 Business and the Bill of Rights 4-2a Limits on Both Federal and State Governmental Actions 4-2b Freedom of Speech 4-2c Freedom of Religion 4-2d Searches and Seizures 4-2e Self-Incrimination 4-3 Due Process and Equal Protection 4-3a Due Process 4-3b Equal Protection 4-4 Privacy Rights 4-4a Federal Statutes Affecting Privacy Rights 4-4b Other Laws Affecting Privacy Chapter Recap Page 1 of 26 Print Chapter 2010-8-29 ..
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Chapter Introduction The U.S. Constitution is the supreme law in this country. As mentioned in Chapter 1, neither Congress nor any state may pass a law that conflicts with the Constitution. Laws that govern business have their origin in the lawmaking authority granted by this document. In this chapter, we examine some basic constitutional concepts and clauses and their significance for businesspersons. We then look at certain freedoms guaranteed by the first ten amendments to the Constitution–the Bill of Rights–and discuss how these freedoms affect business activities. Page 2 of 26 Print Chapter 2010-8-29 ..
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4-1 4-1a 4-1b The Constitutional Powers of Government Ask the Instructor Video: Constitutional Law: Monitoring employee email and internet usage: When an employer monitors employee email and internet usage, why isn't that a violation of the constitutional right to privacy? A Federal Form of Government The Regulatory Powers of the States Delineating State and National Powers Relations among the States Following the Revolutionary War, the states–through the Articles of Confederation–created a confederal form of government in which the states had the authority to govern themselves and the national government could exercise only limited powers. When problems arose because the nation was facing an economic crisis and state laws interfered with the free flow of commerce, a national convention was called, and the delegates drafted the U.S. Constitution. This document, after its ratification by the states in 1789, became the basis for an entirely new form of government. The new government created by the Constitution reflected a series of compromises made by the convention delegates on various issues. Some delegates wanted sovereign power to remain with the states; others wanted the national government alone to exercise sovereign power. The end result was a compromise–a federal form of government in which the national government and the states share sovereign power. The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has
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This note was uploaded on 10/12/2011 for the course ACCT 362 taught by Professor Mint during the Fall '11 term at CUNY Queens.

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BL-Chapt4 - Print Chapter Page 1 of 26 Constitutional...

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