Buisiness Law 1-4

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U.S Constitution

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The fundamental law of the United States of America. It was ratified by the states in 1788.
1.It creates the three branches of the federal government and allocates powers to these branches (the executive, legislative, judicial)
2.It protects individual rights by limiting the government’s ability to restrict those rights.

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Federalism

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The U.S. form of government; the federal government and the 50 state governments share powers.

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Enumerated powers

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Certain powers delegated to the federal government by the states.
National and international affairs.

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Legislative branch

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The part of the U.S. government that consists of congress (the Senete and the House of Representitives)
Congress = Senate (2*50) + House of Representatives
Authorized to create federal courts and determine their jurisdiction and to enact statutes that changes judicially made law.

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Executive branch

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The part of the U.S. governmet that consists of the president and vice president.
Enter into treaties with foreign governments only with the advice and consent of the Senate

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Judicial branch

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The part of the U.S. governmet that consists of the Supreme Court and other federal courts.
Authority to examine the acts of the other two branches of government and determine whether those acts are constitutional

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Checks and balance

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A system built into the U.S. Constitution to prevent any one of the three branches of the government from becoming too powerful.

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Supremacy Clause

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A clause of the U.S. Constitution that establishes that the federal Constitution, treates, federal laws, and federal regulations are the supreme law of the land.

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Preemption doctrine

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THe concept that federal law takes precedence over state or local law.

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Commerce Clause

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A clause of the U.S. Constitution that grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

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Interstate commerce

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Commerce that moves between states or that affects commerce between states.

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Police power

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The power of states to regulate private and business activity within their borders.
Zoning ordinances, state environmental laws, corporation and partnership laws, property laws

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Unduly burden interstate commerce

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A concept which says that states may enact laws that protect or promote the public health, safety, morals, and general welfare, as long as interstate commerce

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Bill of rights

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The first 10 Amendments to the Constitution, which were added to the U.S. Constitution in 1791. Guarantees certain fundamental rights to natural persons and protects these rights from intrusive government action

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Due process clause of the 14th Amendment

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Intrusive actions by state and local governments were limited

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Freedom of speech

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The right to engage in oral, written and symbolic speech protected by the 1st Amendment

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Limited protected speech

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1.offensive speech
2.commercial speech
3.time, place, manner restriction

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Offensive speech

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Speech that is offensive to many members of society.

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Commercial speech

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Speech used by business such as advertising.

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Unprotected speech

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Dangerous speech, fighting words that are likely to provoke a hostile or violent response from an average person, speech that incites the violent or revolutionary overthrow of the government, defamatory language, child pornography, obscene speech

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Obscene speech

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Speech that (1) appeals to the prurient interest, (2) depicts sexual conduct in a patently offensive way, and (3) lacks serious literacy, artistic, political, or scientific value.

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Freedom of religion

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1. Establishment clause
2. Free exercise clause

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Establishment clause

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A clause to the 1st Amendment that prohibits the government from either establish a state religion or promoting one religion over another

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Free exercise clause

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A clause to the 1st Amendment that prohibits the government from interfering with the free exercise of religion in the U.S.

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14th Amendment

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An Amendment added to the U.S. Constitution in 1868 that contains the Due process, Equal protection and privileges and immunities clauses.

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Equal protection clause standards of review

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1.strict scrutiny test: suspect class (ex) race
2.intermediate scrutiny test: protected class (ex) sex, age
3.rational basis test: uphold government regulation

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Strict scrutiny test

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A test that is applied to classifications base on race.

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Intermediate scrutiny test

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A test that is applied to classifications based on protected classes other than race

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Rational basis test

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A test that is applied to classifications not involving a suspect or protected class.

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Due process clause

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A clause that provides that no person shall be deprived of “life, liberty, or property” without due process of the law.
1.substantive due process: “clothes of opposite sex”-void for vagueness
2.procedural due process: eminent domain – notice

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Substantive due process

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A category of due process that requires that government statutes, ordinances, regulations or other laws be clear on their face and not overly broad in scope

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Procedural due process

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A category of due process that requires that the government gives the person proper notice and hearing of the legal action before that person is deprived of his life, liberty, or property.

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Privileges and immunities clause

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A clause that prohibits states from enacting laws that unduly discriminate in favor of their residents. (4th, 14th) only apply to citizens, not corporation.