Establishes a government of strictly enumerated powers included powers to protect and foster economic interests.
Powers of the government to make laws
Congress:: The House of Representatives and the Senate
Regulation of our economy
Committed to congress in Article I Section 8
Separation of Powers
refers to distribution of governing power among three co equal branches of government.
In order: Legislative power is invested in Congress --> executive power is invested in the President--> judicial power is invested in the Supreme Court
Limits of federal government in regulation of citizenry
first ten amendments and Article I Section 9
Two Chambers; House of Representatives (lower House) and Senate (Upper house)
number of Reps for each state determined by decennial census
Each state has 2 senators
signs congressional acts into law and nominates federal judges
may veto a bill passed in Congress
Supreme Court duties
interprets Constitution and federal laws; has the power of judicial review
Checks and Balances
designed to prevent one branch of govt from gaining too much power
further disperses power throughout the govt
President may veto a bill passed in congress; congress may override veto with 2/3 vote in each chamber;
President and federal judges may be removed by action of both chambers of congress
Nature of Federalism
Constitution creates a govt of federalism; 2 classes of sovereigns (fed and state); this was a solution to the failure of the Articles of Confederation which created a weak central govt
the states retain a high degree of administrative freedom
Distribution of Powers
Federal powers exercised through Congress, strictly enumerated, Article I section 8
Federal powers important to business
the power to regulate interstate and international commerce
borrow money of the credit of the US
establish bankruptcy laws
issue patents and copyrights
State police powers
right of states to regulate public safety, health, welfare and morals
allow states to regulate intrastate business activities
Powers that are considered concurrent
The federal and state governments, both may tax businesses and spend money for the general welfare
Privileges and Immunities clause
to protect nonresidents from discrimination by the states in the nonresidents dealing with residents
Full faith and credit clause
judicial acts and rights secured in one state are honored in all states
gives congress the broadest authority to regulate commerce among the states and, therefore, business
Power is either active or dormant
are the goods moving in interstate commerce or is the intrastate activity, in the aggregate, likely have substantial impact on interstate commerce?
Congress could prohibit such activities where the disruption of interstate travel was substantial
Ex) Heart of Atlanta case
Dormant Commerce Clause
what happens when a state legislative act burdens interstate commerce?
a state may not treat and out of state business different from an in state business as a matter of public or legislative policy
Under Article VI, the US Constitution, and the laws made thereunder are teh "supreme law of the land"
If a Business is subject to Regulation by both federal and state laws which must the business obey? May the business choose which law or regulation?
Under the Preemption Doctrine (under Supremecy Clause)
to the extent the two regulations overlap, the Federal Law applies
IN the case that 2 laws overlap if they address the same subject matter, in whole or part
The federal statutory scheme displaces the state scheme regardless of which came first
This is the case if Congress has completely exhausted the field or reserved the field to itself
Not a complete overlap - State scheme viable with no conflict with Fed
Basic Aspects of Constitutional Limitations
Bill of rights limits power of Congress to regulate private behavior
Otherwise proper federal or state action may be unconstitutional if violates one of the ten amendments comprising Bill of rights
There must be state action
state must take some action having an effect on an individuals Constitutional rights or protections
Is the states action necessary to accomplish a compelling state interest and is it the least burdensome means to achieve that interest?
is the states action substantially related to an important governmental interest?
is the governments action rationally related to a legitimate exercise of governmental authority?
Freedom of Speech
the First Amendment protects private entities from punishment by the government for speaking freely
Neither the govt nor ints agents may suppress speech based upon its viewpoint; speech may be subject to reasonable time, place and manner restrictions
lies as the heart of a democratic society
market place of ideas is the highest political value
attempts to suppress such speech must pass strict scrutiny
proposing a commercial transaction, receives less protection than political speech
must not be misleading and must propose a legal transaction to receive Constitutional protection, subject to intermediate scrutiny
5th and 14th Amendments
the government may not deprive a person of life, liberty or property without due process of law.
procedural and substantive
Procedural due process
did the individual have notive of the intended deprivation; was there a hearing before the action was taken; and did the individual have an opportunity to appeal an unfavorable disposition of the hearing?
Substantive due process
is the deprivation fair to the individual
may a state enact a law which deprives married couple of access to artificial birth control methods?
is an excessive punitive damages award a violation of substantive due process?
People who are similarly situated must be treated similarly before the law
all laws create classifications some people are benefited by a law and some are burdened
Subject to strict scrutiny
if a state action creates a suspect classification or infringes a fundamental right
race religion, alienage, national origin, ethnicity
1st amendment rights, rights to vote or right to interstate travel
subject to intermediate scrutiny if
state action creates classifications based upon sex, gender or legitimacey
rational basis scrutiny
where state action affects social welfare and or economic matters, action is subject to?
Court monitored limitations
some legislative acts, such as the USA patriot act, permit the government to monitor private communications
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