Business Law: Chapter 2 Constitutional Law

Federal Form of Government

A system of government in which the state form a union and the sovereign po0wer is divided between the central government and the member states.

Compelling Government Interest

A test of constitutionality that requires the government to have convincing reason for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.

What are the four parts of the Commerce Clause?

1) The expansion of national powers 2) The commerce power today 3) The regulatory powers of the states 4) The "dormant" commerce clause

Filtering Software

A computer program that is designed to block access to certain Web sites, based on their content. The software blocks the retrieval of a site whose URL or key words are on a list within the program.

Preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

Meta Tag

A key word in a document that can serve as an index reference to the document. On the Web, search engines return results based, in part, on the tags in Web documents.

Substantive due process

Focuses on the content of legislation. Generally, a law that that limits a fundamental right violates "______" unless the law promotes a compelling state interest, such as public safety.

What are the freedoms guaranteed by the First Amendment that affect businesses?

Freedom of speech and freedom of religion

The "dormant" commerce clause

If state regulations substantially interfere with interstate commerce, they will be held to violate this clause of the U.S. Constitution. The positive aspect of the commerce clause, which gives the national government the exclusive authority to regulate interstate commerce, implies a "dormant" aspect-that states do not have this power.

The Bill of Rights

It embodies a series of protections for individuals- and, in some instances, for business entities- against various types of interference by the federal government. Today, most of the protections apply against state governments as well.

Symbolic Speech

Nonverbal expressions of beliefs. It includes gestures, movements, and articles of clothing. It is given substantial protection by the courts.

Police Powers

Powers possessed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, healthy, safety, morals, and general welfare.

What are the two aspects of the due process clause?

Procedural due process and substantive due process

Procedural due process

Requires that any government decision to take life, liberty, or property must be made fairly, using fair procedures.

Freedom of Speech

Speech, including symbolic speech, is given the fullest possible protection by the courts. Corporate political speech and commercial speech also receive substantial protection under the First Amendment. Certain types of speech, such as defamatory speech and obscene speech, are not protected under the First Amendment. Government attempts to regulate unprotected forms of speech in the online environment have, to date, met with numerous challenges.

Privacy Rights

The Constitution does not contain a specific guarantee of a right to privacy, but such a right has been derived from guarantees found in several constitutional amendments. A number of federal statues protect "____". "_____" are also protected by many state constitutions and statues, as well as under tort law.

The regulatory powers of the states

The Tenth Amendment reserves to the states all powers not expressly delegated to the national government. Under their police powers, state governments may regulate private activities in order to protect or promote the public order, healthy, safety, morals, and general welfare.

The Constitutional Powers of Government

The U.S. Constitution established a federal form of government, in which government powers are shared by the national government and the state governments. At the national level, government powers are divided among the legislative, executive, and judicial branches.

The expansion of national powers

The commerce clause expressly permits Congress to regulate commerce. Over time, courts expansively interpreted this clause, thereby enabling the national government to wiled extensive powers over the economic life of the nation.

Bill of Rights

The first ten amendments of the U.S. constitution.

Check and Balances

The principle under which the power of the national government are divided among three separate branches- the executive, legislative, and judicial branches- each of which exercises a check on the actions of others

Commerce Clause

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.

Supremacy Clause

The provision in Article VI of the U.S. Constitution that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land.

Establishment Clause

The provision in the First Amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.

Free Exercise Clause

The provision in the First Amendment that prohibits the government from interfering with people's religious practices or forms of worship.

Equal Protection Clause

The provision in the Fourteenth Amendment that requires state governments to treat similarly situated individuals in a similar manner.

Due Process Clause

The provisions in the Fifth and Fourteenth Amendments that guarantee that no person shall be deprived of life, liberty, or property without due process of law. State constitutions often include similar clauses.

The commerce power today

They commerce power authorizes the national government, at least theoretically, to regulate almost every commercial enterprise in the United States.

True or False: Under a the Supremacy Clause, whenever a state law directly conflicts with a federal law, the state law is rendered invalid

True

Freedom of Religion

Under the First Amendment, the government may neither establish any religion nor prohibit the free exercise of religion.

Equal Protection

Under the Fourteenth Amendment, a law or action that limits the liberty of some persons but not others may violate the equal protection clause. Such a law may be upheld, however, if there is a rational basis for the discriminatory treatment of a given group of if the law substantially relates to an important government objective.