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Buss. Law - Ch. 6
Business Law - Chapter 6 - Constitutional Grounds for Regulating Business
| Term | Definition |
|---|---|
| 1) creates the federal government 2) creates a plan for allocating the regulatory powers of both federal and state governments 3) creates limitations on the role of government | what are the 3 principle functions of the Constitution? |
| federalism | a mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two |
| separation of powers | constitutional mandate that requires branches of government, with each branch charged with performing certain functions |
| - judicial - executive - legislative | what are the three branches of government? |
| - Senate - House of Representatives | what are the two houses of the legislative branch, or chambers of Congress? |
| executtive branch | powers associated with the presidency and enforcing laws |
| Senate | consists of 2 senators from each of the 50 states |
| House of Representatives | currently has 435 members from the fifty states; representation is based on state population with each member of the House representing a set number of individuals in the United States |
| judicial branch | confers the power to adjudicate disputes to the Supreme Court of the United States and such other lower courts as Congress may establish |
| checks and balances | under the Constitution, the process by which each branch of government restrains the power of another branch |
| vetoes; override | if the president ______ a bill passed by both chambers of Congress, the bill can still become law if both chambers ________ the veto by a two-thirds vote |
| judicial review | the doctrine that allows the federal courts to determine whether acts by the federal government or the state governments conform to edicts of the Constitution |
| enumerated | the federal government’s powers are limited to those __________ in the Constitution |
| police powers | government powers, including the areas of public safety, health, welfare, and morals, which are traditionally domains that are regulated by state government |
| concurrent powers | powers exercised by both federal and state governments |
| privileges and immunities clause | guarantees that a citizen of one state who engages in important activities in another state is entitled to the same treatment as he/she would receive in his/her home state |
| full faith and credit clause | encourages commerce among individuals and entities located in different states |
| commerce clause | provision of the Constitution that empowers the federal government with the ability to regulate interstate commerce |
| intrastate; commerce | the federal government can regulate economic activities that are __________ in nature, as long as the ________ that occurs within in one state substantially affects or impacts commerce in other states |
| dormant commerce clause | judicially-created doctrine that forbids states from acting in a manner that unreasonably impedes commerce among the states |
| exclusive; state; burdens | the writers of the Constitution intended that the federal government have _________ power to regulate interstate commerce. Therefore, the Supreme Court is sensitive to situations where a _____ creates a law or regulation that _______ interstate commerce |
| discriminates; justification; unconstitutional | if a state law _____________ against out-of-state businesses and there is insufficient _____________ for treating the out-of-state business in a more burdensome manner, then a court will find the law is ________________ |
| supremacy clause | constitutional provision mandating that federal law is superior to state law |
| doctrine of preemption | a legal principle that federal law overrides state or local law when they are in conflict |
| savings clause | clause in a statute or contract that limits the scope of prior statutes or the invalidation of contractual terms |
| state action | constitutional protections embedded in selective provisions of amendments to the Constitution that apply only to instances where the government has acted |
| strict scrutiny test | government action is constitutional under the equal protection clause where legislation necessarily relates to a compelling interest of government |
| relates; state | when the strict scrutiny test is employed, the government must establish that its action necessarily _______ to a compelling _____ interest |
| rational basis test | government action is constitutional under the equal protection clause where legislation is reasonably related to a legitimate purpose of government |
| reasonable; interest | if a constitutional charge is made that requires employing the rational basis test, the government must only show that there is a __________ relationship to a legitimate ________ of the government |
| intermediate scrutiny test | government action is constitutional under the equal protection clause where legislation is substantially related to an important purpose of government |
| governmental; society | under this test, the government will win in the face of an allegation of constitutional rights being violated if it can show that the ____________ action substantially relates to an important interest of _______ |
| strict scrutiny test | connection - necessarily relates interest - compelling result - action by government is probably unconstitutional |
| intermediate scrutiny test | connection - substantially relates interest - important result - case-by-case determination |
| rational basis test | connection - reasonable relates interest - legitimate result - action by government is probably constitutional |
| First Amendment | "Congress shall make no law … abridging the freedom of speech.” |
| place | the government generally has the power to control the TIME, _____, and MANNER of speech. |
| political speech | entitled to the greatest protection of all speech, it includes speech associated with matters of public interest |
| speech | Freedom of Speech: Under the strict scrutiny test, the restriction on the ______ must be NECESSARY. |
| government | Freedom of Speech: Under the strict scrutiny test, the government must show a COMPELLING _______ PURPOSE for the restriction |
| commercial speech | speech that relates to a business transaction (Some commercial speech, primarily speech that misleads, receives no protection from the First Amendment. other types of commercial speech receive an intermediate level of protection.) |
| eminent domain | the power of the government to take private property and convert it into public use |
| Fifth; compensation | A provision in the _____ Amendment guarantees that where the government takes property for public use, the private owner (whether an individual or an entity) is entitled to just ____________. |
| property; trade | the notion of _______ extends beyond real property. _____ secrets and OTHER INTAGIBLE property are subject to the provisions of the takings clause, as are rights guaranteed under a contract. |
| (1) notice that the government is going to act and why (2) a hearing before any governmental action takes place so that the individual or entity with the right has an opportunity to be heard (3) an ability to appeal the determination made at the hearing | what are the provisions of procedural due process? |
| procedural due process | fair procedures that the government has to follow before depriving a person of life, liberty or property |
| substantive due process | principle that allows courts to protect certain fundamental rights from government interference |
| legitimate; reasonable | the government must only articulate a ? (or rational) reason for legislation and establish a ? relationship between the legislation as worded and the reason for the legislation |
| rational basis | most governmental actions challenged under the ?????? means-ends test are found constitutional. |
| USA Patriot Act | empowers government officials to monitor communications and access financial and other types of information |
| Constitution | the powers of the federal government, generally, are limited to those listed or enumerated in the ???????. |
| protection | the Constitution guarantees that the government may not deny individuals and entities equal __________ of the laws |
Created by:
Kendall Posey
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