Glossary of Business Law Ch. 5
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- federal form of government
- the states form a union and sovereign power is divided between a central authority and the states (United States)
- What do the three branches of government do?
- Legislative: makes the laws
Executive: enforces the laws
Judicial: interprets the laws
- The Commerce Clause
- Gives Congress the power to regulate interstate commerce
- interstate commerce
- commerce among the states, crossing state lines (Congress can regulate)
- Gibbons vs. Ogden
- Steamboat monopoly being interstate commerce
- intrastate commerce
- commerce within a state (Congress cannot regulate)
- Wickard vs Spilburn
- Grain growing farmer. Ruled that Congress can regulate intrastate commerce that affects interstate commerce
- police powers
- Possessed by states as part of their inherent sovereignty. Protect and promote the public order, health, safety, ect. as well as criminal law enforcement
- "dormant" commerce clause
- Government as exclusive right to regulate interstate commerce and states cannot to such
- Supremacy Clause
- The constitution, laws an treaties of the U.S. are the supreme law of the land
- When feder and state laws are in direct conflict...
- The state laws are rendered invalid
- Federal laws take precedence over conflicting state or local laws
- taxing power
- Congress can levy taxes. Valid revenue-raising measure.
Congress cannot tax some states and exempt others
- spending power
- Congress can spend the money it raises on any objective so long as it does not violate the Bill of Rights.
- rational-basis scrutiny
- In matter of economic or social welfare, the classification will be considered valid if there is any conceivable rational basis on which it might relate to any legitimate government interest (street vendors blocking traffic)
- strict scrutiny
- A law that inhibits some persons’ exercise of a fundamental right or a classification based on a suspect trait (race, gender). The law will only be allowed to stand only if it is necessary to promote a compelling government interest (Black construction projects)
- intermediate scrutiny
- Laws using classifications based on gender or legitimacy must be substantially related to important government objectives (Statutory rape cases)
- defamatory speech
- Speech that harms the good reputation of another. Libel- written; Slander- oral
- Lewd and Obscene Speech
- Child pornography, pornography in the work place is not protected by the Constitution
- Equal Protection Clause
- No state will deny to any person within its jurisdiction the equal protection of the law
- What form of government was established in the U.S. immediately after the Revolutionary War?
- Confederal form
- What did the case of Wickard v. Filburn establish?
- Congress can regulate intrastate commerce if it directly affects interstate commerce
- Is there a constitutional right of privacy? If so, where is it found?
- There is no specific guarantee of this right but it is implied in the 1st, 3rd, 4th, 5th and 9th Amendments
- Establishment Clause
- Prohibits Congress from creating any law concerning the establishment of religion
- Free Exercise Clause
- Prohibits Congress from making any law prohibiting the practice of any religion
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