Business Ethics and Law Chapter 5

Articles 4 & 5, and 14th Amendment

Address the relationship between federal government and the states

Commercial

Advertisements via circulars and billboards are examples of ___________ speech

Primary role of Constitution

Balance central federal authority with dispersed state power

Article 1

Creates the United States Congress and enumerates its powers, including the power to regulate commerce (Section 8, Clause 3) commerce clause

Article 2

Creates the executive branch, headed by the president

Creating the Constitution

Developed from 1778 Articles of Confederation

Roles served by US Constitution

Establishes a national government Controls the relationship between the national and state govs Defines and preserves personal liberty Contains provisions to enable the government to perpetuate itself

Article 3

Establishes the federal court system

1st Amendment

Forbids establishment of an official state religion (Establishment Clause) Forbids undue state interference with religious practice (Free Exercise Clause)

4th Amendment

Freedom from unreasonable searches and seizures

Procedural Due Process

Gov must provide a fair procedure before taking an action affecting a citizen's life, liberty, or property

Power of eminent domain

Governments can use the __________ to take private property for public uses such as building highways, bike trails, and parks, while providing just compensation to the owners

The police officer is allowed to secure drugs that are abandoned or in plain view even though a warrant has not been obtained.

Jack is driving from Los Angeles to San Francisco. On his way, Jack is stopped by a police patrol car for repeatedly crossing a double yellow line into oncoming traffic. A police officer politely asks Jack to step out of the vehicle, while the officer's partner performs a warrantless search of Jack's car. The police officer finds a gram of cocaine on the dashboard. Which of the following is most likely to happen in this scenario?

4th amendment

Jonathan, a motel owner, was suspected of being associated with an illegal narcotics operation. The police put a gps tracking unit on Jonathan's car and followed his movements for more than a month. He was arrested in 2010, and in a trial in 2012, the jury found him guilty of intent to distribute methamphetamine for which he was sentenced to life in prison. On appeal, Jonathan argued that his conviction should be overturned because the warrant less use of gps tracking unit violated the

Plain view doctrine

Law enforcement officers can lawfully seize evidence of a crime without a warrant if that evidence is in plain view during a lawful observation

Substantive Due Process

Laws that arbitrarily and unfairly infringe on fundamental personal rights and liberties can be challenged on due process grounds

The cell phone evidence will be discarded because it is unlawful for cell phones to be searched upon arrest without a warrant.

Norah, a waitress at a restaurant, was hospitalized because of a drug overdose. When questioned by the police, she agreed to call Michael, whom she identified as the source of drugs. The police arrested Michael, searched him and his cell phone, and discovered call records confirming that the phone was used to talk to Norah. This evidence was used at trial against Michael, who argued that the cell phone search violated his Fourth Amendment rights. Which of the following is most likely to happen in this scenario?

10th Amendment

Power not expressly accorded to federal government in the US Constitution resides in the states or the people

Article 6

Provides for amendments to the US Constitution

Bill of Rights

Serves to limit the powers of the federal government and the states Protects personal freedoms

Commerce Clause

Shapes the practices of American business

Equal Protection Clause

The constitutional provision that forbids a government from treating one person differently from another person without rational basis for doing so is the:

Procedural Due Process

The governement is requried to give notice and a fair hearing before taking action that affects a citizen's life, liberty or property because of

Congress

The power to legislate is given by the constitution to which of the following?

14th Amendment

Which amendment provides for constitutional protection against state government?

US gov built on federalism principles

US Constitution provides for shared power among national, state, and local govs

Article 1

Which Article in the constitution creates the legislative branch of government?

1st amendment

Which amendment to the US constitution contains both the establishment clause and the free exercise clause?

1st Amendment

Which amendment to the US constitution protects free speech?

Bill of Rights

Which of the following protects our personal freedoms, such as religion and speech, from the government?

The exclusionary rule

Which of the following rules provides that evidence secured in violation of the Fourth Amendment may not be used against a defendant at trial?

Supremacy Clause

_______ of the US constitution nullifies state action that conflicts with federal law