constitutional law pt 2

constitutional law pt 2 - The Legal and Ethical Environment...

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BUL 3310 - Chapter 05 1 Class 8: Constitutional Law, Part II The Legal and Ethical Environment of Business
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BUL 3310 - Chapter 05 2 1. Constitutional Limitations – Balancing Tests 2.Freedom of Speech 3.Governmental Takings 4.Due Process – Procedural Due Process 5.Due Process – Substantive Due Process 6.Equal Protection – Tests (Strict Scrutiny, Intermediate Scrutiny, Rational Basis) 7.Mississippi University for Women v. Hogan (1982) 8.Privacy Rights 9.Review Questions Class 8: Constitutional Law, Part II
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BUL 3310 - Chapter 05 3 1. Bill of Rights/some provisions of the Constitution are a check on governmental power/authority. 1. Rights guaranteed in 5 th Amendment (“due process”) apply to states through 14 th Amendment 1. Sometimes state actions impact/violate an individual’s/corporation’s rights. What is state action? 4. State Action: Constitutional protections embedded in selective provisions of amendments to the Constitution that apply only to instances where the government has acted. 1. Constitutional Limitations – Balancing Tests
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BUL 3310 - Chapter 05 4 If a right has been impacted (example: freedom of speech), then a court must balance the interests served by the statute, and the nature of the right that is being denied. Balancing Interests – Tests: Strict Scrutiny: Government must establish that its action necessarily relates to a compelling state interest. Usually results in governmental action being held to be unconstitutional. Intermediate Scrutiny: Government must establish that its action substantially relates to an important state interest. Results are mixed. Rational Basis: Government must establish that its action reasonably relates to a legitimate state interest. Usually results in governmental action being held to be constitutional. 1. Constitutional Balancing Tests
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BUL 3310 - Chapter 05 5 1 st Amendment: “Congress shall make no law … abridging the freedom of speech.” Freedom of speech is not absolute – you cannot yell “fire” in a crowded theater and some statutes
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constitutional law pt 2 - The Legal and Ethical Environment...

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