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Seperation of Powers between:
- Executive
- Legislative
- Judicial
provides checks and balances
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What the Legislative Power does
enacts laws
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what the Executive Branch does:
Enforces Laws
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what the Judicial branch does:
declares laws/actions unconstitutional
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The federal constitution was a political compromise between:
advocates of state sovereignty and central government
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The commerce clause in the U.S. Constitution gives congress the power to:
regulate commerce with foreign nations, and among the several states and with the indian tribes
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which provision has the greatest impact on bsiness than any other constitutional provision
the commerce clause
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Why does the federal government theoretically have unlimited control over all business transactions?
because any enterprise in the aggregate can have a "substantia effect" on interstate commerce
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which amendment reserves all powers to the states that have not been expressly delegated to the national government?
Tenth Amendment
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State police powers include the right to:
- regulate health
- safety
- morals
- general welfare
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state powers also include:
- licensing
- building codes
- parking regulations
- zoning restrictions
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Commerce clause gives national government ________ power to regulate
Exclusive
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States have a _________ power to regulate interstate commerce
dormant
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when do dormant powers come into play?
when courts balance states interest vs natinoal interest
e.g., internet transactions
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Supremacy Clause is which article in the constitution?
Article VI
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Supremacy Clause provides that constitution, laws and treaties of the U.S. are the ____ ____ _ ___ ____
supreme law of the land
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In supremacy clause, concurrent laws mean?
both states and federal government share powers
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Preemption in the supremacy clause
when congress chooses to act in a concurrent area, federal law preempts state law
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Bill of Rights (1791)
ten written guarantees of protection of individual liberties from government interference
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originally the bill of rights applied only to the _________ government
federal
later Bill of Rights was incorporated and applied to states as well
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First Amendment
Freedom of Speech
- -basis for our democratic government
- -includes:
- -symbolic speech
- -gestures
- -movements
- -clothing
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Schools can or cannot restrict students right to speech
CAN
- morse v. frederick, 2007
- bonghits4jesus
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government restrictions to protect commercial speech (advertising)
- seek to implement substantial government interest
- directly advance that interest
- must go no further than necessary to accomplish
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certain speech that is NOT protected
- defamatory speech
- threatening speech that violates criminal laws
- fighting words
- obscene speech
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what is obscene speech
patently offensive, vioates community standards and has no literary artistic, politiccal or scientific merit
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what guarantees that "congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
First Amendment: Freedom of Religion
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Establishent clause
no state sponsored religion or preference for one religion over another
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Free Exercise
person can believe what he wants, but actions may be unconstitutional
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Fourth amendment protects the right to __________ from government intrusion into their personal lives
be secure
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Generally, government must have a _________ based on ________ to search someones private place
- search warrant
- probable cause
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is a warrant generally necessary to search businesses to ensure compliance with federal and state regulations
NO
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no warrant is necessary to seize contaminated _______, or search businesses that are _____ _______ industries
- foods
- regulated industries
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Due Process is both ______ and _______
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procedural:
any government decision to take life, liberty or property must be fair.
requires: notice and fair hearing
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Substantive
focuses on the content or the legislation (the right itself)
-
requires compelling state interest
fundamental right
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rational relationship to state interest
non-fundamental
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14th Amendment: Equal Protection
a state may not "deny to any person within its jurisdiction the equal protection of the laws"
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what freedoms are guaranteed by the First Amendment?
the first amendment guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government
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The Second Amendment guarantees?
the second amendment concerns a well-regulated militia and the right of theh people to keep and bear arms
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the third amendment grants?
the third amendment prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent
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the fourth amendment:
prohibits unreasonable searches and seizures of persons or property
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the fifth amendment guarantees:
the right to indictment by grand jury, to due process of law, and to fair paymet when private property is taken for public use. it also prohibits compulsory self incrimination and double jeopardy
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the sixth amendment guarantees:
the accused in a criminal case ther ight to a speedy and public trial by an impartial jury and with cousel. the accused has the right to cross-examine witnesses against him or her and to solicit testimony from witnesses in his or her favor
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the seventh amendment guarantees:
the right to a trial by jury in a civil case involving at least twenty dollars
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the eighth amendment:
prohibits excessive bail and fines, as well as cruel and unusual punishment
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the ninth amendment:
establishes that the people have rights in addition to those specified in the costitution
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the tenth amendment:
establishes that those powers neither delegated to the federal government nor denied to the states are reserved for the states
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