BUS 205 Week 2 Book and Class Notes
BUS 205 Week 2 Book and Class Notes BUS 205
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This 8 page Class Notes was uploaded by Rachel Rheingold on Wednesday September 21, 2016. The Class Notes belongs to BUS 205 at Colorado State University taught by Mac V Danford in Fall 2016. Since its upload, it has received 11 views.
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Date Created: 09/21/16
Ch. 5 Constitutional Law (Book Notes) Government Power The constitution of the United States is the greatest legal document ever written The constitution sits above everything else in our legal system The constitution is a series of compromised about power to help the people Separation of Powers The framers didn’t want to much power in one place o Checks and balances Individual rights o The bill of rights The first ten amendments Power Granted Congressional power o Congress has lots of power o Commerce clause – gives congress the power to regulate commerce with foreign nations among states Interstate commerce o The framers wanted fairness among trades o The framers wanted congress to bring power Substantial Effect Rule o Congress may regulate any activity that has a substantial economic effect on the interstate commerce State legislative power o The dormant aspect holds that a state statute which discriminates against interstate commerce is always unconstitutional Supremacy clause – makes the constitution and federal statues and treaties Executive clause o The presidents most basic job is to enforce the nations law 3 of the president’s key powers are appointment legislation foreign policy o appointment the president nominates the heads of most of them the choices influence what issues the agencies choose to pursue and how aggressively they do so o the president and his advisors propose bills to congress when a president proposes controversial legislation the bill can dominate the news and congress o the president conducts the national’s foreign affairs, coordinating international efforts, and negotiating treaties the president is commander in chief of the armed forces tension between president and congress judicial power o 2 key functions adjudicating cases judicial review o the federal court system hears criminal and civil cases o judicial review refers to the power of the federal courts to declare a statue or government action unconstitutional and void protected rights 2 o the amendments of the constitution protect the people of this nation from the power of state and federal government o constitutional rights generally protect only against governments act incorporation o a series of supreme court cases has extended virtually all of the important constitutional protections to all levels of national, state, and local governments o the process is called incorporation First Amendment: Free Speech o Political speech Political speech is protected unless it intended and likely to create imminent lawless action o Commerce speech The government may regulate other commercial speech provided the rules are reasonable and directed to a legitimate goal Fifth Amendment: Due Process and the Taking Clause o Procedural Due Process Before depriving anyone of liberty or property the government must go through certain steps to ensure that the results are fair o The Takings Clause When the government takes property for public use Has to pay a fair price o Substantive Due Process Some nights are so fundamental that the government may not take them from us at all Procedural due process o The government takes liberty or property o The affected person has a fair chance to oppose the action 3 o The purpose of procedural due process is to ensure that before the government takes liberty or property, the affected person has a fair opportunity to oppose the reaction o 2 steps in analyzing a procedural due process case 1. Is the government attempting to take liberty or property if yes, how much process is due? The taking clause o This clause prohibits a state from taking private property for public use without compensation o Eminent domain The power of the government to take private property for public use Substantive due process o A form of due process that holds certain rights are so fundamental the government mat not eliminate them Fourteenth Amendment o Equal protection clause – the government must treat people the same (duhhh) o 3 major groups of classifications minimal scrutiny economic and social relations intermediate scrutiny gender strict scrutiny race, ethnicity, rights 4 Ch. 5 Constitutional Law (Class Notes) Government Power Constitution of the United States is the greatest legal document EVER Short, easy to read, and extremely successful in shaping our society and systems of law Overview First nation in modern history founded on the idea that o People could govern themselves Democratically Party of the president? o State were governing themselves under the Articles of the Confederation Gave the central government no real power The articles didn’t work o The constitution is a series of compromises about power Separation of powers o Method in limiting power Creates national government dividend into 3 Executive Legislative Judicial Each independent and equal o Individual rights Bill of Rights First 10 amendments were added to the constitution Power Granted o Congressional power Members create statutes that influence jobs National government may create currency o Commerce clause – gives congress the power to regulate commerce with foreign nations among states o Interstate commerce Power to bring coordination and fairness to trade among the states Stop the states from imposing the taxes and regulations that were wrecking the nations domestic trade o Substantial effect rule Congress may regulate any activity that has a substantial economic effect on interstate commerce Current application The affordable healthcare act o May result in as many as 30 million uninsured Americans gaining health care coverage o Supremacy clause Constitution and federal statues and treaties shall be the supreme law of the land Conflict between federal and state statutes Federal law preempts the field No conflict – congress demonstrates that it intends to exercise exclusive control over an issue, federal law preempts o Executive power Presidents basic function is to enforce the nations law 3 of the president’s key powers Appointment o Administrative agencies Legislation o Propose bills from congress Foreign policy o Conducts national affairs 2 o Coordinates international efforts o Negotiates treaties o Leads the military o Judicial power Permits congress to establish lower courts within the federal court system Federal courts have 2 key functions Adjudicating cases – federal court system hears criminal and civil cases Judicial review – power of federal courts to declare a statute or government action unconstitutional and void o Judicial review Judicial activism – a courts willingness to decide issues on constitutional grounds o Judicial restraint – a courts attitude that it should leave law making to legislation Protected rights o Constitutional rights protect only against governmental acts o Incorporation – rights explicitly guaranteed into rights that apply at other levels First amendment: Free Speech o Political speech Protected unless it is intended and likely to create imminent lawless action o Government may regulate the time, place, and manner of protected speech Morality and obscenity Commercial speech – communication that has the dominant theme of proposing a business transaction o Government may regulate other communication speech Provided that the rules are reasonable and directed to legitimate goal Fifth amendment: Due Process and the Taking Clause 3 o Procedural due process – government must go through procedures to ensure that the result is fair Steps in analyzing a procedural due process Is the government attempting to take liberty or property? o How much process is due Neutral fact finder Attachment of property Government employment Academic suspension The Takings Clause – when the government to take private property public use, it has to pay a fair price Eminent domain – the power of the government to take private property for public use Substantive due process – some rights are so fundamental that the government may not take them from us at all Fourteenth amendment: Equal Protection Clause o Classifications Minimal scrutiny – economic and social regulation Government actions that classify people or corporations on these bases are always upheld Intermediate scrutiny – gender Government classifications are sometimes upheld Strict scrutiny – race, ethnicity, fundamental rights Classification based on any of these are almost never upheld 4
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