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BusinessLaw Chapter4
| Term | Definition |
|---|---|
| Bedrock View | The view that the Constitution is a fundamental and enduring document that should be interpreted narrowly to limit the powers of the federal government. |
| Bicameral | A legislature with two separate chambers or houses, such as the U.S. Congress, which includes the Senate and the House of Representatives. |
| Commerce Clause | Article I, Section 8, Clause 3 of the U.S. Constitution, granting Congress the power to regulate commerce with foreign nations, among the states, and with Indian tribes. |
| Constitution | The foundational legal document that establishes the structure of government and outlines its relationship to the people it governs. |
| Delegated Powers | Powers specifically given to the federal government by the Constitution, such as the power to declare war or coin money. |
| Due Process Clause | Provisions in the Fifth and Fourteenth Amendments that prohibit the government from depriving any person of "life, liberty, or property without due process of law. |
| Executive Branch | The branch of government responsible for enforcing laws, headed by the president. |
| Ex Post Facto Laws | Laws that make an act criminal after it was committed or retroactively increase the penalties for an act. |
| Federal System | A system of government in which power is divided between a central government and individual states. |
| Judicial Branch | The branch of government responsible for interpreting laws and ensuring they are applied fairly. |
| Legislative Branch | The branch of government responsible for making laws, consisting of the U.S. Congress (Senate and House of Representatives). |
| Living-Document View | The view that the Constitution is dynamic and should be interpreted to adapt to modern conditions and values. |
| Police Power | The power of states to enact laws to protect the welfare, health, safety, and morals of their residents. |
| Preemption | The principle that federal law takes precedence over conflicting state law. |
| Privileges and Immunities Clause | A provision in the Constitution ensuring that citizens of each state are entitled to the same rights and privileges as citizens in other states. |
| Quasi-Judicial Proceedings | Informal hearings with relaxed rules of evidence and procedure, designed to expedite decisions. |
| Shared Powers | Powers that are held by both state and federal governments, such as the power to tax. |
| Tripartite | A term referring to the three branches of government: legislative, executive, and judicial. |
| Amendment by Interpretation | Changes to the Constitution brought about through judicial interpretation to address modern issues unforeseen by the framers. |
| Amendment by Practice | Constitutional changes that occur through long-standing governmental practices not explicitly stated in the text. |
| Administrative Agencies | Units of government, often considered a "fourth branch," with significant powers to regulate businesses and enforce laws. |
| Strong Government | A characteristic of the living Constitution, emphasizing federal authority over business and economic activities. |
| Equal Protection Clause | Part of the Fourteenth Amendment, it guarantees that individuals are treated equally under the law and prevents unjust discrimination. |
| Freedom of Speech | Protected under the First Amendment, this right includes business speech, though it can be subject to regulation for advertising and political advocacy. |
| Taxing Power | The power of Congress to impose taxes to provide for the general welfare and common defense of the United States. |
| Spending Power | The authority of Congress to spend tax revenues on national priorities, including public welfare and defense. |
| Supremacy Clause | The clause in the Constitution declaring federal law as the supreme law of the land, overriding conflicting state laws. |
| Dormant Commerce Clause | The principle that state laws are unconstitutional if they excessively burden interstate commerce, even if Congress has not acted. |
| Federal Preemption | Occurs when federal laws or regulations fully occupy a regulatory field, leaving no room for state laws. |
| Privileges of Business | Corporations enjoy many rights under the Constitution, such as protections against unreasonable searches and freedom of speech. |
| Bill of Rights | The first ten amendments to the Constitution that guarantee individual rights and freedoms, applicable to businesses in certain contexts. |
| Judicial Review | The process by which courts interpret the Constitution and determine the validity of laws and government actions. |
| Commerce Clause Limitations | Modern interpretations require a connection between federal regulation and economic/commercial activity to ensure constitutionality. |
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