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This 4 page Class Notes was uploaded by Kathleen Notetaker on Sunday September 6, 2015. The Class Notes belongs to BLAW 231 at Missouri State University taught by Nancy Allen in Spring 2015. Since its upload, it has received 36 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Business Law at Missouri State University.
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Date Created: 09/06/15
Chapter 5 constitutional law I Constitutional form of government a Articles of confederation i First form of government went into effect in 1781 established a central government with limited power ii Supreme power was the States iii Many problems with commerce and trade iv Got together to amend the articles but instead wrote the constitution b US constitution source of government power places limits on feds and limits on state i Federal form of government 1 States and central government share power ii Relationship between federal and state 1 Partnership neither is superior to the other except within the area of exclusive authority granted under the constitution 2 Enumerated powers a Regulation of commerce is a federal government power that the constitution grants b iii Relationship between the states 1 Privileges and immunities clause a Can39t treat citizens of other states differently or show preference to another state39s citizens b Exception can unless there is a substantial reason 2 Full faith and credit clause a Says states have to give full faith and credit to judicial proceedings of other states b Have to respect judgments of other states laws like marriage c Separation of powers i Execque ii Legislative iii Judicial d Commerce clause on nal i Under the constitution the regulation of commerce is a federal government job ii Heart of Atlanta Motel vs United States 1964 1 Motel in ATL didn39t allow black people in building federal statute that prohibits racial discrimination in public facilities said we are intrastate commerce only in this state and not operating across state lines a SC the power is under the commerce clause you do effect interstate commercepeople from out of state use so feds can regulate you Federal power iv Regulatory power of states quotpolice powerquot 1 Includes all state powers to regulate activities in the state to better the citizens protect public order general welfare 2 Have to balance laws with the commerce clause 3 quotdormantquot commerce clause means states cannot interfere with interstate commerce e Supremacy Clause ll Business and the bill of rights a Bill of rights protects us from government I b 110 I ii iii iv v vi vii viii ix X Protects individual from government interfering with our rights Freedom of speech Right to bear arms Quartering act Searches and seizures Rights of an accused persondouble jeopardy Right to a speedy fair trialwitnesses Civil suits Bail and punishment Powers reserved to the people Powers reserved to the states c Freedom of speech vi Religion press petition assemble What is speech 1 Goes beyond written words Symbolic speech is included like gestures movements and clothing is protected 1 1989 Texas v Johnson ag burning is constitutionally protected freedom of expression Partic political Gov39t can restrain speech when 1 quotdon39t taze me broquot can and will restrain speech in order to protect others substantial interests and rights Speech w limited protection commercial speech 1 Gets some protection but not as much as our individual speech 2 Commercial speech communications by businesses a Advertisement marketing 3 Government can restrict it a As long as restriction promotes a substantial govt interest and directly advances the interest and isn39t more restrictive than necessary 4 Bad frog brewery v NY State Liquor board a Label on bottle has to be approved by the board made a label with the frog with a middle nger said it was a bad in uence on children b Said that kids might see the beer argument was kids don39t by beer can39t go to bars c Said that banning the label was unconstitutional and overly restrictive vii Unprotected speech doesn39t protect this 1 Defamatory a Liabe and slander b False speech that injures the reputation of another person 2 quot ghting wordsquot a Threats or ghting words aren39t protected because disrupt the peace 3 Obscenity a Obscene or pornographic speech i Obscene constitutionally unsettled area because dif cult to agree on what isnt obscene b Miller v California 1973 de ned obscenity just recognize case i Material is obscene if the average person nds that it violates typica standards patently offensive sexual content Government can make laws against them Morse v Frederick i Principal won in Bong hits forjesus case ii Sign advocated for criminal activity d 1St amendment freedom of religion i Establishment clause cant establish a religion promote one religion over another 1 Separation of church and state 2 No mandatory schoo prayers 3 Requires all religions to be accommodated by governments 4 Lynch v Donnelly 1984 city hall had a nativity scene said violates establishment clause court says can have religious symbols if only a part of the display ii Free exercise clause govt cant prohibit free expression of religion 1 Reasonable accommodation accommodate different religions like in public school if can only wear skirts have to have an adjusted curriculum musim women wearing head covers in schools e 4th amendment against unreasonable searches and seizures protects the right of the people to be secure in their houses papers and effects i Warrant requirement 1 Issued byjudge not a cop 2 judge isn39t supposed to issue just because cop wants they have to convince the judge that they have probable cause to believe that search will reveal a speci c egaity an IV ii Probable clause 1 Trust worthy evidence iii Warrantless searches exceptions 1 In plain view marijuana in site of of cer coke 2 Give consent to search can we look in your trunk see dead body 3 Exigent circumstances hear someone screaming help inside a house iv Businesses have 4th amendment rights 1 Probably cause standards are lower easier to get a search warrant f 5th amendment selfincrimination i Guarantees that no person shall be a witness against himself ii Criminal defendant cannot be a witness only testi es if chooses in his own case iii Businesses and partnerships DO NOT have this right 1 Cannot claim this Due process no person shall be deprived of life liberty or property wo due process of law a Procedural due process i Means any government decision to take these has to be made fairly and they have to have the opportunity to be heard by a 3rd party aka must have a trial b Govt cant deprive life liberty and property c wo trial Equal protection government treat people the same a Law deprives group of fundamental right strict scrutiny b Law based on suspect trait strict scrutiny c Law based on Gender intermediate scrutiny important government objectives test d Social or economic welfare rational basis test i Like a catchall ii DOMA defense of marriage act 1 Law treats gays differently as a group Strict scrutiny compelling state interest test Fundamental right voting privacy interstate travel 1st amendment rights Suspect trait race or national origin Important govt objectives test not as strict 2 Wasn39t protected under fundamental rights or suspect trait e Privacy not in the constitution bill of rights but do have a right to it under Griswold v Connecticut i lmplied under language in the bill of rights
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