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Chapter 5: Constitutional Law

by: Alex Lazo

Chapter 5: Constitutional Law BLAW

Marketplace > University of Texas at Dallas > Business Law > BLAW > Chapter 5 Constitutional Law
Alex Lazo
GPA 3.8

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These notes cover chapter 5 on the Costitution. I would recommend this set of notes because it will help you to understand the powers of the government and the rights that we have as citizens. Hope...
Business and Public Law
Matthew Polze
Class Notes
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This 2 page Class Notes was uploaded by Alex Lazo on Monday February 8, 2016. The Class Notes belongs to BLAW at University of Texas at Dallas taught by Matthew Polze in Summer 2015. Since its upload, it has received 37 views. For similar materials see Business and Public Law in Business Law at University of Texas at Dallas.

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Date Created: 02/08/16
Chapter 5: Constitutional Law Overview o How much power should the people have? (Federalists vs. Antifederalists) o Constitution is a series of compromises about power  Article I Congress  Article II Executive  Article III Judicial o Anti-Federalists demand a Bill of Rights Power Granted o Only the national gov can create currency o Commerce Clause: Congress can, “regulate commerce… among the several states.” o Most important part of the constitution for business o International commerce: exclusive power o Domestic commerce: Concurrent power  Positive aspect: Congressional power  Negative/Dormant aspect: A limit on the states o Wickard v Filburn  Filburn grew more wheat than federal law allowed at the time  Lost the case because the court ruled that his wheat affected interstate commerce o Substantial Effect Rule: Congress may regulate any activity that has a substantial economic effect on interstate commerce o Dormant or negative aspect of the Constitution holds that a state statute discriminating against interstate commerce is almost always unconstitutional o Supremacy clause: states that the Constitution is the supreme law of the land o Executive powers include appointment, legislation, and foreign policy  President CANNOT declare war, only the Senate can o Judicial powers include adjudication and judicial review  Judicial review: power of the federal courts to declare a statute or governmental action unconstitutional or void (because of Marbury v Madison)  Judicial activism: court’s willingness to become involved in major issues  Judicial restraint: leave lawmaking to legislators and nullify only when the Constitution is unquestionably violated Protected Rights o Constitutional rights generally protect only against governmental acts o Incorporation: rights explicitly guaranteed at one level (national) are incorporated into rights that apply at other levels (state, local) o Political speech: protected unless it is intended and likely to create imminent lawless action  Time, place, and manner refers to the ability of the government to regulate when a group may protest  Issue time slots and permits o Commercial speech: government can regulate commercial speech provided that rules are reasonable and directed to a legitimate goal o Procedural Due Process  Some rights are so fundamental that the government may not take them from us at all 1. Is the government attempting to take liberty or property? 2. How much process is due?  Eminent domain: power of government to take private property public use with just compensation o 14 Amendment – Equal Protection Clause  Government must treat people equally  Minimal Scrutiny: Economic and Social Relations  Almost always upheld if rationally related to legitimate goal  Intermediate Scrutiny: Gender  Sometimes upheld but courts are increasingly nullifying these  Strict Scrutiny  Almost never upheld, presumed invalid  Law will be upheld with compelling interest Main Ideas: o Understand the basic structure of the Constitution and where powers are granted o Learn the importance of the commerce clause and how it can be used o Know how procedural due process works and understand the importance of the 14 th amendment


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