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MGMT chapter 2
chapter 2
| Question | Answer |
|---|---|
| Administrative Warrants | warrants that are required of inspection of business in regulatory situations; it is issued by a judge or court of the U.S. for authorization of an inspection or impoundment of property |
| Anti-Federalists | those who opposed the proposed constitution; they were headed by the very influential Virginian, Thomas Jefferson, who was known as creator of Declaration of Independence |
| Articles of Confederation | a document created by the colonies during the Revolutionary War which led to domination by the states and a very weak central (national) govt- states dominated, trade barrier developed between states, national govt had no power to tax, |
| bill of rights | in the 1st congress, james madison introduced 12 amendments, ten of which were ratified and became the bill of rights-they guaranteed personal rights and freedoms as well as state's rights |
| blue laws | or sunday laws, are state or local laws which regulate the types of business activities that can be conducted on sunday. they involve such things as prohibition and implements that involve work on sunday. provide uniform day of rest and recreation. |
| checks and balances | the solution to create a govt that was strong enough, yet not too strong; these checks and balances separate powers of govt into specific functions (the branches) so not one part would be overpowering |
| civil rights movement | the 3rd major event in the struggle between state's rights and the power of the national govt; it illustatements the power of the national govt through the commerce clause; a worldwide political movement for equality before the law |
| civil rights act of 1964 | a law passed by congress to implement the decision in brown and to guarantee civil rights to all peoples. |
| commerce clause | this clause gives Congress power to regulate business-it also limits the states' abilities to regulate business activites. if a business is involved in interstate commerce, the fed govt has the right to tell them how to run it |
| commercial speech | a non-political speech that does not receive as much constitutional protection. advertising is the clearest example of this |
| political speech | speech that includes political content- it is afforded the greatest protection under the 1st amendment, allows criticism of govt |
| compelling state interest | if classificaiton involves the exercise of some fundamental right or suspect classification such as race |
| concurrent power | areas where both the national and state govts can pass legislation |
| constitutional convention of 1787 | 55 reps of 12 states in Philadelphia (except rhode island) met to draft a new agreement to set forth the basic functions of a new govt.-James Madison wrote down everything. they wanted a strong but not too strong national govt |
| due process | the fifth amendment; states that an individual shall not be deprived of life, liberty, or property, without the due process of law. 14th amendment extends due process to the states |
| elastic clause | a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. |
| eminent domain | the taking of private property by the government. it is another 5th amendment constitutional right of the people & the govt, the govt must have a reason to the the property & must give compensation (money) |
| equal protection | clause of the 14th amendment, passed after civil war oringinally for slaves, prevents states from denying the "equal protection of the laws". it's used to protect against other arbitrary govt; no govt can deny person their equal protection of the laws |
| establishment clause | "Congress shall make no law respecting an establishment of religion." This clause prohibited the federal government from establishing an official religion, or from favoring one religion over another. -separation of church & state |
| exclusionary rule | states that no object may be used in court as evidence if obtained illegally or without a proper search warrant. |
| executive order | an independent method to create laws ordered by the President- the head of the executive branch |
| federalism | a federal system established by the constitutuion. it separates governing power among the various branches of the federal govt and the states. govt power is split between a central governing body and local govts |
| federalist papers | a series of newspaper articles in favor over ratifying the constitution written by james madison, john jay, and alexander hamilton |
| federalists | those who supported the constitution |
| Free exercise clause | this protects the rights of individuals to free exercise of religion |
| implied powers clause | The necessary and proper clause is used to cover any governmental action not enumerated in the Constitution. Thus, it creates implied powers. These are powers that are not stated in the Constitution, but are implied by the government's need to carry out i |
| inherent powers clause | powers granted to the national govt over and beyond those explicitly granted in the Constitution |
| interstate commerce | The buying and selling of products and services across state borders. |
| intrastate commerce | The buying and selling of products and services within a single state. |
| Jim Crow Laws | these laws were the states' efforts to keep minorities, primarily the African Americans, as second class citizens; South passed laws designed to prevent Black citizens from improving their status or achieving equality; segregation of blacks and whites |
| judicial law | the power to interpret and apply a law; The interpretation of the written law by the courts. Decisions are often based on stare decisis |
| legislative law | the power to enforce the law; |
| Necessary & proper clause | expands enumerated powers to cover all contingencies, source of constitutional flexibility, only enhances enumerated powers, does not add enumerated powers. these laws "make all laws which shall be necessary & proper for carrying into execution" |
| political speech | speech that includes some political content; receives the greatest constitutional protection since it allows criticism of govt |
| preemptive power | only national govt can act, up to courts to determine; congress can exclude or preempt state legislation when congress chooses to act exclusively in a concurrent area |
| procedural due process | involves steps government uses to deprive someone of life, liberty, or property; procedural due process protections are highest when the govt is taking an individual's life (death row) |
| public use | the only purpose for which private property can be taken (condemned) by the government under its power of eminent domain. Public use includes: schools, streets, highways, hospitals, government buildings, parks..etc |
| ratification | 3/4's of the states must ratify an amendment in order for it to become part of the constitution |
| rational basis test | applies to laws concerned with economic or social classes. it is rare to see govt activity declared unconstitutional based on this test |
| self-incrimination | act of accusing oneself of a crime for which a person can then be prosecuted; amendment gives us right against this; only applies to individuals (people), not corporations, only applies in criminal cases; usually does not apply to businesses if the busine |
| separate but equal | supreme court created this; as long as races were treated equally, separation of the races was constitutional; there was no question that races were treated separately, but equally was a different matter |
| separation of powers | designed to control the use of the powers granted by the states to the federal government. separation with the 3 branches of the national govt |
| shay's rebellion | A wave of farm foreclosures in western Massachusetts swept the young republic to its first episode in class struggle. Demonstrators and rioters protested high taxation, the governor's high salary, high court costs and the assembly's refusal to issue paper |
| state's rights | "the powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people" |
| Substantial Due Process | involves the content or meat of the law of governmental action |
| sunday laws | same thing as blue laws |
| Supremacy clause | constitution (national govt) is the supreme law of the land and the laws of the US can be superior to state law; can have concurrent power-areas were both state & national govt can both pass legislation; pre-empted area: only national govt can act |
| Unreasonable search & seizure | search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" |
| white primary | A legal device once employed by some Southern states to prevent African Americans from exercising their right to vote in a meaningful way. |
| writ of certiorari | an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. |
| why is the commerce clause so important to the business world? | because it gives the national govt the power to regulate commerce business if it crosses other states or is international |
| what are the 3 major events that determine the division of power struggle between the national and state govts? | mcculloch vs. maryland, american civil war, civil rights movement |
| what is the concept of judicial review? how is it established? | doctrine under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary; mcculloch vs maryland established this |
| which of the amendments to the constitution are important to the business world? | freedom of speech, press |
| compare the sliding scale differences in substantive and procedual due process? | substantive: govt only has to show a rational relationship to any legitimate govt interest, govt action is closely scrutinized. procedural: capital punishment requires highest amount of due process, taking property=much less |
| Protection of political speech vs commercial speech... | political speech has the greatest constitutional protection since it allows criticism of the govt; commercial speech isn't as protected and is not protected by the 1st amendment |
| how did the US arrive at a constitutional form of govt? | through the american colonies not being happy with the laws set by England; declaration of independence, re did the articles of confederation, constitutional convention, ratification of the bill of rights |
| defining interstate commerce | NLRB vs jones & laughlin steel corp: congress could regulate in areas that have a "serious effect upon interstate commerce"; wickard vs filburn: congress can regulate what appears to be trivial acts if the aggregate effect is nationally significant; |
| what is the 4 prong test of the Central Hudson gas & electric case? | is speech legal?, is governmental interest substantial?, does the regulation directly advance the asserted governmental interest?, is the restriction more extensive than is necessary to protect the state's interest? |
| what is the standard if your employee asks for special treatment due to his/her religious beliefs? | business must make reasonable accomodations for the religious practices of their employees UNLESS it causes an undue hardship on the business, they must schedule work around religion |
| search & seizure for businesses | business's rights against unreasonable search & seizure is not as protected as an individuals |
| to whom and when does self-incrimination apply? | only applies to individuals (people), not corporations; only applies in criminal cases |
| due process and types of due process | 5th amendment=govt cannot restrict life, liberty or property w/o due process of law, originally just national govt but 14th amend. extended this to states, substantive due process & procedural due process |
| 1st amendment | Protects the freedom of religion, speech, and the press, as well as the right to assemble and petition the government |
| 4th amendment | Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause |
| 5th amendment | Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy |
| 10th amendment | Limits the powers of the federal government to those delegated to it by the Constitution |
| 14th amendment | Defines citizenship and deals with post–Civil War issues |
| the supremacy clause is found in.. | art. VI, clause 2 |
| the most important clause as far as business is concerned is.. | art I, section 8 and interstate commerce |
| McCulloch V. Maryland relates to.. | National powers prevailing over State government |
| the Necessary & Proper clause does which of the following? | covers all contingencies and source of constitutional flexibility |
| this gave equal protection to ALL individuals.. | 14th amendment |
| the following are interstate commerce clauses except.. | Smith V. Allwright |
| brown vs. board of education overturned | Plessy V. Ferguson |
| eminent domain is.. | 5th amendment & private property taken by govt |
| due process was extended to states with which amendment? | 14th amendment |
| when judges use previous cases in deciding a verdict... | stare decisis |
| the idea of reverse incorporation applies to.. | equal protection, 5th amendment, national govt |
| the 5th amendment applies in.. | criminal cases |
| search & seizure applies to.. | individuals, corporations, 4th amendment |
| the principle of "separation of powers" was designed to... | control the use of the powers granted by the states to the federal govt |
| for an amendment to become part of the constitution, what percentage of the states must ratify it? | three-fourths |
| The supreme court case that illustrates the functioning of the doctrine of the separation of powers was.. | immigration and naturalization service v. chadha |
| The most significant power to regulate business is found in.. | article I, section 8 |
| the major limitation on states' abilities to regulate business activities is.. | commerce clause |
| the supreme court case of youngstown sheet & tube co. vs. sawyer demonstrated.. | the supreme court's check on the power of the executive branch |
| procedural due process applies when.. | the govt deprives an individual of life, liberty, or property |
| Brown V. Board of Education | established segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the |
| Central Hudson Gas . PUC of New York | aid out a four part test for determining when restrictions on commercial speech violated the First Amendment of the United States Constitution. -is speech legal?, is govt interest substantial?, does the regulation directly advance govt interest?, etc |
| Gibbons Vs. Ogden | Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. |
| Griswold V. Connecticut | Supreme Court of the United States ruled that the Constitution protected a right to privacy. |
| Heart of Atlanta Motel V. US | banned racial discrimination in public places, particularly in public accommodations, largely based on Congress' control of interstate commerce. |
| Katzenback V. McClung | the U.S. Supreme Court held that Congress had the power, under the Commerce Clause, to ban racial segregation in the restaurant. |
| McCulloch V. Maryland | The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government; State action may not impede valid constitutional exercises of power by the Federal government. |
| Plessy v. Ferguson | The case helped cement the legal foundation for the doctrine of separate but equal, the idea that segregation based on classifications was legal as long as facilities were of equal quality. |
| Roe V. Wade | The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate inte |
| Schenck v. US | concluded that a defendant did not have a First Amendment right to freedom of speech against the draft during World War I. |
| Wickard V. Filburn | congress can regulate what appears to be trivial acts if the aggregate effect is nationally significant |
Created by:
stephparnell