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ch 4 business law

business law

State Power board power, the power to tax, to own and operate businesses, and to take private property for public purposes by the power of eminent domain
Intrastate Commerce economic activities that have no significant effect on commerce outside their own borders
Interstate Commerce economic activities between states
Foreign Commerce economic activities between countries
Exclusive Power powers that only the national government wields, tariffs, dealings with international business, immigration, declare war, and maintain army
Expressly Permitted written permission or contract
Implied Permission unwritten, interpreted permission
Commerce Clause gives the federal government the power to regulate commerce with foreign nations and among the several states, limits state's authority to interfere with interstate commerce.
State Action government activity
Eminent Domain the government forces private property holders to sell their land so it may be dedicated to public use.
Due Process Clause prohibits the federal government from depriving any person “of life, liberty, or property, without due process of law”, or by not following fair procedures.
Substantive Due Process protects people from arbitrary (random) or unreasonable governmental interference with their life, liberty, or property rights.
Equal Protection Clause prohibits any state from arbitrarily discriminating against persons.
Rational Basis Analysis courts use this when reviewing legislation restricting economic interests (property) or discriminating on the basis of non suspect classifications it presumes the regulation is constitutional.
Fundamental Right liberties spelled out for protection in the Bill of Rights (speech, religion, association, right to vote, privacy)
Suspect Classifications race or national origin that the government cannot discriminate against.
Strict Scrutiny the statute is unconstitutional unless the government demonstrates that I t is pursuing a compelling governmental interest in the least intrusive manner.
Intermediate Scrutiny lies between rational basis and strict scrutiny, used to evaluate restrictions on commercial speech or discrimination on the basis of certain suspect classifications (gender or a person’s illegitimate birth)
First Amendment prohibits the government from abridging freedom of speech
Noncommercial Speech known as pure or political speech, is the highest degree of constitutional protection, requires strict scrutiny
Commercial Speech like advertising, only truthful commercial speech is protected by the first amendment
Chevron Doctorate courts conduct a two part inquiry to determine whether to sustain an agency’s interpretation of the statutory scheme it is charged with administering.
Created by: thiswhitenight