Chapter 2 (Constitutional Law)

Management 211 with Swim at Texas A&M University

About this deck

By: Brian Ayers
Textbook:

The Legal Environment of Business
Created: 2012-02-02
Size: 85 flashcards
Views: 187

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Federalism

separation of governing power between the federal government and the states in various areas

What is the nature/purpose of the Constitution?

to give power to and also limit the power of the federal government

Articles of Confederation

original constitution written in favor heavily of states' rights; did not work, led to rebellion

Shay's Rebellion

revolt of farmers hit hard by land foreclosures; Daniel Shay led armed attacks on courthouses and prevented creditors from foreclosing on anymore farms

The Constitutional Convention

meeting of 55 representatives from every state but RI that served as a way of preparing the new constitution; Philadelphia, May 1787-September 1787

Separation of Powers

principle used to designate which powers were assigned to either the federal or state governments

Ratification

to approve; three-fourths of the states needed to ratify the Constitution in order for it to pass, which is the same process required to approve new amendments today

The Federalist Papers

written by John Jay, James Madison, and Alexander Hamilton; influential source of support for Constitution throughout the states

Federalists

group of people that supported the Constitution

Anti-Federalists

those who opposed the proposed Constitution as it was; headed up by Thomas Jefferson, who was quite well-known for writing the Declaration of Independence

Bill of Rights

first ten amendments; guarantee personal rights and freedoms, as well as states' rights

Checks and Balances

powers that each branch of the government has over each other

Legislature

branch of government with the power to make law; Congress

Executive

branch of government with the power to enforce law; President, cabinet, etc.

Judiciary

branch of government with the power to interpret and apply the law; court system

Enumerated Powers

Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of Rights and other protections in the Constitutional text

Immigration and Naturalization Service v. Chadha (1983)

statute was signed that gave an admin. agency powers, but included a provision for Congress to veto certain admin. decisions; SC ruled the law unconstitutional because president must approve before Congress can

Youngstown Sheet & Tube Co. v. Sawyer (1952)

several steel mills involved in collective bargaining dispute; Truman stepped in w/ Executive Order and made the mills keep producing steel; SC ruled Truman's actions unconstitutional because he could not seize the property

Commerce Clause

power granted to Congress by Constitution to regulate business

Necessary and Proper Clause

power granted to Congress to pass any laws required for the function of the national government; Elastic/Implied Powers Clause

Supremacy Clause

laws and regulations included in the Constitution and passed by Congress are to be followed by all citizens and states

Gibbons v. Ogden (1824)

question of whether New York could grant licenses to boats that traveled between two states; matter of interstate (between) and intrastate (within) commerce

NLRB v. Jones & Laughlin Steel Corp (1947)

Congress could regulate any labor relations at a manufacturing plant where a labor stoppage would have a serious effect on interstate commerce

Wickard v. Filburn (1942)

Court upheld congressional control of a farmer's production of wheat from home because the cumulative effect of many farmers using subsistence farming would greatly affect interstate commerce

States' Rights

powers actually granted to the states and their governments by the Constitution

McCulloch v. Maryland (1819)

Court ruled that a state did not have the power to tax the national government; based on the Necessary and Proper Clause, as well as the Supremacy Clause

Jim Crow Laws

states' efforts to keep minorities as second class citizens after the Fourteenth Amendment passed

Plessy v. Ferguson (1896)

as long as there are equal facilities for both blacks and whites, there can be segregation

Separate but Equal

the concept established in Plessy v. Ferguson, separate but equal facilities for different races

White Primary

Texas' attempt to prevent minorities from participating in elections; mandated that their state primary could only be voted on by white, qualified voters; deemed unconstitutional by Smith v. Albright in 1944

Brown v. Board of Education (1954)

overruled Plessy v. Ferguson and deemed "separate but equal" as unconstitutional; stopped segregation of public schools

Civil Rights Movement

struggle between states' rights and the power of the nat'l gov't; furious debate over how much freedom minorities should have

Katzenbach v. McClung (1964) & Heart of Atlanta Motel v. United States (1964)

dealt with Civil Rights Act of 1964; Congress told the motel they needed to allow colored citizens into their establishment (were able to because they affected interstate commerce); told BBQ place to integrate because they affected interstate commerce

Civil Rights Act of 1964

law passed to implement the decision made by the Court in Brown v. Board of Education

United States v. Lopez (1995)

deemed the Gun-Free School Zones Act of 1990 unconstitutional because Congress didn't have the power to make the law, since carrying a gun in a school zone would have no compounded effect on interstate commerce; limited reg. on interstate commerce

Printz v. United States (1997)

limited use of interstate commerce regulation again; deemed certain uses of the Brady Handgun Violence Protection Act of 1993 unconstitutional

United States v. Morrison (2000)

states that Congress cannot regulate what happens in a home because those actions do not affect interstate commerce

Gonzales v. Reich (2005)

Court ruled that the cultivation and distribution of marijuana outside of hospitals interfered with interstate commerce, and that FDEA officers could seize illegally grown marijuana

Hughes v. Oklahoma (1979) & Maine v. Taylor (1986)

both dealt with residents bringing in bait from outside of the state; Maine won against Taylor because outside baits could poison water/fish (which their economy relied on); Oklahoma lost because fisheries made up a minor part of their economy

Schenck v. United States (1919)

no shouting fire in a theater and causing panic falsely; First Amendment won't protect you

Rumsfeld v. Forum for Academic and Institutional (2006)

SC said that Congress could require law schools to provide equal access to military recruiters without violating the schools' freedom of speech

Garcetti et al. v. Ceballos (2006)

grants control to employer over how an employee's statements about a certain topic may be handled

Political Speech

any speech that includes some political content; greatest protection by First Amendment

Commercial Speech

no political message; sometimes regulated for content and method

Valentine v. Chestensen (1942)

purely commercial speech was not protected by the First Amendment

Virginia State Board of Pharmacy v. Virginia Consumer Council (1976)

declared a state statute prohibiting pharmacists from advertising prices of prescription drugs to be an invalid restriction

Central Hudson Gas and Electric Corp. v. Public Service Commission of New York (1980)

Is the speech legal?
Is the governmental interest substantial?
Does the regulation of speech directly advance that governmental interest?
Does the regulation of speech go too far than is necessary to advance that governmental interest?

Rubin v. Coors Brewing Co. (1995)

SC struck down a federal restriction against beer companies putting the alcohol content of the beer on their labels

First National Bank of Boston v. Bellotti (1978)

SC struck down a MA state statute prohibiting corporate political speech

Austin v. Michigan Chamber of Commerce (1990)

SC upheld a Michigan law that prohibited corporations from using general corporate funds for independent expenditures in state political campaigns

Board of Regents of the University of Wisconsin v. Southworth (2000)

re-established that a public university can charge its students an activity fee used to fund a program to facilitate extracurricular student speech, as long as it is viewpoint neutral and involves plenty of discussion

Free Exercise Clause

protects rights of individuals to free exercise of religion

Establishment Clause

prohibits governmental establishment of an official religion

County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh (1989)

ruled that a gov. may display religious symbols of any kind, as long as there is no preference shown to any specific denomination

Van Orden v. Perry (2005) & McCreary County, Kentucky, et al. v. American Civil Liberties Union of Kentucky (2005)

Van Orden case ruled that the Ten Commandments could be around the Texas State Capitol because it was with other historical non-religious monuments; Kentucky could not keep the Commandments because it was with only religious stuff

Blue/Sunday Laws

regulates the type of business activities that can be conducted on Sunday; involves sale of liquor and household implements, etc.

Employment Division, Department of Human Resources of the State of Oregon v. Smith (1990)

ruled that the firing of an employee who violated Oregon law for religious reasons was justified; courts don't have to engage in case-by-case assessment of religious burdens in law; passed Religious Freedom Restoration Act of 1993

Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal (2006)

SC ruled in favor of the American Indian church in that seizing the hallucinogen hoasca was a major burden on the exercise of the church itself

Fourth Amendment

prohibits unreasonable search and seizure without a warrant, because people have the right to be secure in their persons, houses, papers, and effects

Exclusionary Rule

any evidence seized improperly must be excluded from trial

Brigham City v. Stuart (2006)

police have the right to enter a house without a warrant if they have the right to believe someone is severely injured inside

Hudson v. Michigan (2006)

SC threw out a rule that required police to announce themselves and wait before entering or the evidence would be excluded

Georgia v. Randolph (2006)

SC ruled that a search with consent from a roommate of a common area could provide evidence in the court, if the other roommate was not around to give consent

Illinois v. Rodriguez (1990)

SC ruled that if one roommate gave consent and the co-occupant the police were there for was present to refuse entry, the police could not use evidence from that search

Administrative Warrants

easily obtained, mostly a technicality in the search process; probable cause not even needed to receive one

Fifth Amendment

no person shall be compelled in any criminal case to be a witness against himself; only applies in criminal cases; due process guaranteed to every citizen; eminent domain

Self-incrimination

witness against one's self

Due Process

an individual shall not be deprived of life, liberty, or property, without it; substantive and procedural; state governments must allow it, as declared by the Fourteenth Amendment

Substantive Due Process

involves the content or meat of the law of governmental action; usually easy to fulfill with regards to business cases; gov. must provide compelling, overriding interest if any of an individual's fundamental rights is violated

Procedural Due Process

applies when one reviews the steps the government uses to deprive anyone of life, liberty, or property; counsel is appointed for those who cannot afford it

Eminent Domain

taking of private property by the government; government must have a reason to take property and must give only compensation; right to notice allows owner to prepare some defense and right to be heard allows them to present a defense to a third party

Public Use

for use in aiding either the government, city, state, etc.

Kelo v. City of New London (2005)

allowed the city to purchase a building that a group of people did not want to sell, but reminded the city that they may have to deal with undue hardships from those who didn't want to sell

Fourteenth Amendment

prevents states from denying equal protection of the laws; originally to protect the rights of former slaves, but has expanded to protect against arbitrary government distinctions

Skinner v. Oklahoma (1942)

state statute provided for compulsory sterilization of habitual criminals convicted two or more times of grand larceny, but not the same for embezzlement cases; deemed unconstitutional because no logical basis was found for the difference

Metropolitan Life Insurance Co. v. Ward (1985)

SC struck down Alabama tax law that taxed non-resident insurance companies at a higher rate than resident companies

Rational Basis Test

laws concerned with economic or social classes; must be rationally related to a legitimate government interest

Substantial Government Interest

required to deal with cases involving gender or legitimacy

Compelling State Interest

required to deal with cases involving the exercise of some fundamental right

Griswold v. Connecticut (1965)

state statute banning the use of contraceptives in one's home was deemed unconstitutional because it violated the rights of marital privacy

Roe v. Wade (1972)

woman has a right of privacy to decide whether to terminate a pregnancy in the first trimester

Lawrence v. Texas (2003)

Texas statute making it a crime for two persons of the same sex to engage in certain sexual conduct was declared to be a violation of the Due Process Clause and right of privacy

Contract Clause

no state may enact any law that retroactively impairs contract rights; applies only to state legislation

United States Trust Company of New York v. New Jersey (1977)

state statute that decreased the value of state guaranteed bonds sold before passage of the statute by increasing their risk after it was passed; statute deemed unconstitutional under Contract Clause

Allied Structural Steel v. Spannaus (1974)

declared state law to be unconstitutional under Contract Clause because state regulation of private pension funds altered significantly the contractual obligations of employers under previously existing private pension funds

About this deck

By: Brian Ayers
Textbook:

The Legal Environment of Business
Created: 2012-02-02
Size: 85 flashcards
Views: 187

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj