LGS 200 Chapter 5
LGS 200 Chapter 5 LGS 200 - 008
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LGS 200 - 008
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This 3 page Class Notes was uploaded by Conner Jones on Thursday February 4, 2016. The Class Notes belongs to LGS 200 - 008 at University of Alabama - Tuscaloosa taught by Charlye S. Adams in Summer 2015. Since its upload, it has received 36 views. For similar materials see Legal Environment of Business in Law and Legal Studies at University of Alabama - Tuscaloosa.
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Date Created: 02/04/16
Chapter 5 The constitutional powers of the government Federal form of Government o Shares power between national and state governments o National government has delegated powers for state o State have power not given to federal government Relations among states o Art 4 section 2- prevents state from imposing unreasonable burdens on citizens o Art 4 section 1- Full faith and credit clause Ensures that any judicial decision with respect to property rights will be honored and enforced in all states Only civil matters Separation of powers o Checks and balances Legislative (congress)- creates laws Executive (president/agencies)- enforce laws Judicial (courts)- interpret laws Commerce Clause o Power to regulate interstate commerce (Gibbons v. Ogden) o Activities that “substantially affect interstate commerce” o Expansion of powers In 1942, supreme court expanded commerce clause to only intrastate businesses In 1964, supreme court prohibited racial discrimination in interstate commerce o Today, the CC authorizes the national government to regulate virtually any business, including internet based businesses The “dormant” commerce clause o Generally, fed gov’t has exclusive authority to regulate commerce that substantially affects trade among states Ex: state possesses inherent police powers Family Winemakers of Cal v. Jenkins (2010) 3 tier system or single tier system (tax issues) made large winery chose either/or Family winemakers of Cal won Supremacy clause and federal preemption o Art 6 section 2 o Preemption occurs only when national and state gov’t have concurrent powers Taxing and spending powers o Art 1 section 8 Congress has power to “lay and collect taxes, duties, imposts, and excises” (uniform among states) Bill of rights o Limithd powers of federal gov’t o 14 amendment- due process clause First amendment rights o freedom of speech (Inc. symbolic speech) has reasonable restrictions (combats social problems) must have a compelling state interest Doe v. Marion county, Indiana (2013) restricted sex offenders from accessing social media (reversed in appellate court) Corporate political speech Citizens United V. Federal Election Commission (2010)- supreme court ruled that corporations can spend freely to support or oppose candidates for president/congress Commercial speech (advertising) Bad Frog Brewery Inc. v. New York State Liquor Authority (2003)- crude logo was denied Unprotected speech Threatening speech and fighting words (yelling bomb on plane) o freedom of religion government cannot pass a state religion or favor one religion to another free exercise clause- guarantees a person’s right to freely exercise his/her religion employer must also allow any religion and not discriminate exception: when religious practices work against public policy/welfare gov’t can protect the public o freedom of press o freedom of assembly o freedom of petition fourth amendment rights o searches and seizures requires search warrants to have “probable cause” general searches through personal belongings are illegal search warrants must be specific business inspects must have a warrant fifth amendment rights o self incrimination no person can be compelled to testify against himself in a criminal proceeding o due process no person shall be deprived of life liberty of property without due process of law procedural due process any gov’t decision to take life, liberty or property must be fail (requires a hearing) substantive due process focuses on content (the right itself) o fundamental right- requires compelling state interest o non fundamental right- rational relationship to state interest o equal protection government must treat similarly situated individuals (or businesses) in the same manner cannot favor gender, sexual orientation, etc. privacy rights (not expressly found in constitution) o Statutes affecting privacy Freedom of Information Act of 1966 Privacy Act of 1974 Medical Info: HIPAA of 1996 Gramm-Leach-Bliley Act of 1999 USA PATRIOT Act of 2001
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