MIE chapter 4

MIE chapter 4 - Chapter 4 Constitutional Law-confederal...

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Chapter 4- Constitutional Law -confederal form of government-Articles of Confederation-established a confederation of independent states and a central government that could exercise only very limited powers. American Revolution. Prevented free movement of goods, economic depression. - federal form of government- formed after the confederal problems. The states form a union and the sovereign power is divided between the central government and the member states. The Constitution set forth specific powers to be exercised by the national government; all other powers are reserved for the states. The Separation of Powers -Legislative-makes the laws -Executive-enforces the laws -Judicial-interprets the laws. -checks and balances- allows each branch to limit the actions of the other two branches, preventing any one branch from exercising too much power. The Commerce Clause - in the Constitution, gives Congress the power to regulate interstate commerce. -Gibbons vs Ogden-commerce clause was expanded to regulate activities within a state that substantially affect interstate commerce. - Heart of Atlanta Motel v. United States- 1964-He refused to rent rooms to African Americans and said the Civil Rights Act of 1964 was unconstitutional. His motel was accessible from interstates and many guests were from other states. - police powers- state regulatory powers-powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare. -the Dormant Commerce Clause-because the national government has exclusive authority to regulate commerce, the
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This note was uploaded on 02/29/2012 for the course MIE 305 taught by Professor Schanz during the Fall '08 term at N.C. State.

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MIE chapter 4 - Chapter 4 Constitutional Law-confederal...

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