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constitutional law part 1

constitutional law part 1 - The Legal and Ethical...

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BUL 3310 - Chapter 05 1 Class 7: Constitutional Law, Part I The Legal and Ethical Environment of Business
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BUL 3310 - Chapter 05 2 1. Introduction to Constitution & Government Regulation 2. Separation of Powers 3. Checks & Balances 4. Nature of Federalism 5. Distribution of Powers 6. Commerce Clause 7. “Dormant” Commerce Clause 8. Heart of Atlanta Motel, Inc. v. United States (1964) 9. Supremacy & Preemption Class 7: Constitutional Law, Part I
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BUL 3310 - Chapter 05 3 Concept of Federalism Two forms of government, both state and federal. Purposes of the Federal Constitution: Creates the Federal Government Allocates Powers of Federal and State Governments Imposes Limits on the Power of Government (Bill of Rights) 1. Introduction to Constitution & Gov’t Regulation
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BUL 3310 - Chapter 05 4 Doctrine of Separation of Powers: Legislative (Article I) Executive (Article II) Judicial (Article III) System of Checks and Balances Examples: 1. Where the President has vetoed a bill passed by both the Senate and House of Representatives, the bill can still become law if both chambers of Congress override the veto by a two-thirds vote. 2. The President may be removed from office through the actions of the House of Representatives and Senate (impeachment). 3. Members of the federal judiciary are nominated by the President and confirmed by the Senate. 2. Separation of Powers & 3. Checks & Balances
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BUL 3310 - Chapter 05 5 Nature of Federalism (Constitution and weaknesses of Articles of Confederation) Distribution of Powers – FEDERAL Enumerated Powers STATE Police Powers CONCURRENT Powers Relationships Among the States (i.e., Privileges and Immunities Clause) 4. Nature of Federalism & 5. Distribution of Powers
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BUL 3310 - Chapter 05 6 Federal Enumerated Powers 1. Powers of the federal government are limited to those enumerated in the Constitution. 2. Consider Tenth Amendment: Provides that those powers “not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” reinforces the notion of enumerated powers. 5. Distribution of Powers
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BUL 3310 - Chapter 05 7 State Police Powers Tradition dictates that the states possess police powers. Police powers are government powers, including the areas of public safety, health, welfare, and morals, which are traditionally domains that are regulated by state government.
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