Busi Law notes 2/12 - 2/19 (week 5 and 6)
Busi Law notes 2/12 - 2/19 (week 5 and 6) ACCT 2700
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This 0 page Class Notes was uploaded by kmb0095 on Friday February 19, 2016. The Class Notes belongs to ACCT 2700 at Auburn University taught by Robert Hollis Cochran in Spring 2016. Since its upload, it has received 23 views. For similar materials see Business Law in Accounting at Auburn University.
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Date Created: 02/19/16
21216 0 Constitution Historical Background 0 O O 0 Before rev war states wanted a confederation with weak Nat l gov t and very limited powers During rev war the states adopted the Articles of Confederation Soon became apparent this form of gov t wasn t working States called a Constitutional Convention to form a new workable form of gov t Constitution was the result Weak national government because Britain had a strong national government and we wanted to get away from a strong executive branch States didn t give federal government enough power Every state set up border crossing check points to check on the business that was owing between the states States allowed their businesses to go out for free but would charge tariffs on incoming businesses Business between the states came to a stand still Articles of confederation failed us and were too weak Virtually the sole reason we have the current constitution is because of business We had to have business growth First proposed Constitution had a serious aw didn t protect individual rights and liberties Bill of rights rst ten amendments xed this Bill of Rights protects our individual rights against any government We fought revolution because our God given rights individual liberties were threatened Constitutional powers of gov t O 0 Constitution establishes federal form of gov t Shares power between nat l and state gov t National gov t has limited enumerated powers delegated from states States yielded some of their sovereignty Citizens of the state rst and country second only state who does that today is Texas Relations among the states Privileges and immunities clause 0 Prevents states from discriminating against non citizens 0 not allowed to treat citizens one way and non citizens another way 0 ex ln stateout of state tuition Full faith and credit clause Requires states to enforce the laws and court ruling of other states especially concerning property and criminal proceedings 0 no issue until about 1520 years ago with same sex marriage in Hawaii Week 6 21516 0 Separation of powers Federal gov t provides checks and balances Legislative congress creates laws 0 Executive presidentagencies enforces laws 0 Judicial courts interpret laws 21716 quotThe layman s Constitutional view is that what he likes is Constitutional and that which he doesn t like is unconstitutional That about measures up the Constitutional acumen of the average personquot Hugo L Black Supreme Court Justice of Alabama 0 The Constitutional Powers of Gov t o Commerce clause Most important clause in the Constitution to Business Gives the Federal Gov t the exclusive right to regulate interstate commerce 0 What is quotexclusive rightquot 0 Interstate 1824 vs Intrastate 1942 0 Interstate crosses state lines States may regulate interstate commerce only if 0 Federal gov t has not decided to Exclusively Regulate a particular area of commerce 0 Ex shoes aviation State regulation does not quotunduly burdenquot interstate commerce 0 Intrastate solely within the state Encouraged biggest economic expansion ever in history 0 The federal government has the exclusive right if they choose to exercise it 19205 federal governments exclusive right to regulate airline industry 0 Shoe industry ows from state to state but is not regulated by the federal government States can t unduly burden interstate commerce if the 2 regulations con ict or regulate commerce if federal government claims exclusive jurisdictions Interstate commerce that ows across state borders Intrastate commerce that does not cross state bounds 19305 Great Depression 0 food wasn t getting distributed throughout US 0 quota system 1000 acres 500 to cotton and 500 to food 0 100 acres of wheat 12 additional acres of wheat 0 Farmer Wickard didn t want to plow down 12 acres that 12 acres isn t going into commerce it s for my own family 0 intrastate commerce is solely within the state 0 Federal government can regulate Intrastate because intrastate affects interstate Expansion of powers If you deal with the public in a business way you are not allowed to discriminate in a race way In 1964 Supreme Court prohibited racial discrimination in interstate commerce Heart of Atlanta Motel v US 0 we serve white people only 0 unleveled playing eld 0 white business man and black business man black one has less time to sell product because he has to spend hours looking for a hotel when the white guy can stay at the motel and start selling 0 supreme court decision Heart of Atlanta Motel violated commerce clause Today the commerce clause authorizes the national gov t to regulate virtually any business enterprise including the internetbased Limits US v Lopez 1995 o Shootings near elementary schools 0 drug problem the earlier we hook them the better 0 federal government regulated guns 0 anybody carrying a gun without a license and within 5 miles of a public school would have a federal charge against them 0 Supreme court federal court can t do this only state court can there is no commerce involved Don t have to know stuff about quotDormant Commerce Clausequot 21916 quotToo often we enjoy the comfort of opinion without the discomfort of thoughtquot JFK o The Supremacy Clause and Federal Preemption Constitution provides that the Constitution laws and treaties of the United States are the quotSupreme Law of the Land A validfederal statute or regulation will take precedence over a con icting state or local statute 0 Ex Lopez 0 Federal government made laws regarding health safety of schools police power Police power is only supposed to be for state ruling We had federal statute but it wasn t valid 0 Business and the Bill of Rights 0 O 0 First ten amendments to the US Constitution are called the Bill of Rights All apply to natural persons and most apply to business entities as well Protects our individual liberties from an overreaching government First amendment Freedom of speech business exception freedom of religion Business don t have the same freedom of speech rights that people have 0 Limited in advertisements Can be severely restricted Second amendment Right to keep and bear arms Fourth amendment Freedom from unreasonable searches business exception Law enforcement has to have probable cause to search someone s stuff 0 2 types of business exceptions that mean the government can show up and search anytime 0 Business that conduct abnormally dangerous activities reworks sales 0 Highly regulated activities liquor stores places that sell cigarettes gun stores 0 Fifth amendment Right against selfincrimination business exception and Due Process clause The governments job to prove a person guilty 0 No business has the right to selfincriminate where you say something that proves yourself guilty 0 Limits on Federal and State Actions Ex Augusta National No rights are absolute 0 Equal protection Strict scrutiny Applied to any classi cation based on race Intermediate scrutiny Any classi cation based on age or gender quotrational basis test basically anything else 0 Privacy rights 0 privacy is not found in the Constitution 0 privacy is clearly inherent in the Constitution and its amendments ex Supreme court justice quote 0
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