Business Law Chapter 5

The Supremacy Clause (Article VI of the United States Constitution)

-Provides that federal law is the "supreme law" of the United States. -Any state or local law that directly conflicts with federal law is void

The Commerce Clause (Article I, Section 8 of the United States Constitution)

-The primary source of authority for federal regulation of business. -States that the U.S. Congress has the power to "regulate Commerce with foreign Nations, and among the several States..." -Simultaneously empowers the federal government and restricts the power of state governments.

Due process clause

A clause in the Fifth Amendment of the U.S. Constitution providing that the government cannot deprive an individual of life, liberty, or property without a fair and just hearing.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

The fifth amendment takings clause

Constitution requiring that when government uses its power to take private property for public use, it must pay the owner just compensation, or fair market value, for the property.

Sixth Amendment

Right to a speedy trial Provides the right to a speedy public trial with an impartial jury, the right to know what criminal accusations a citizen faces, the right to have witnesses both against and for the accused, and the right to have an attorney.

Second Amendment

Right to bear arms

THE FOURTH AMENDMENT

guarantees citizens the right to be "secure in their persons, their homes, and their personal property."

Seventh Amendment

States that in common lawsuits in which the monetary value exceeds $20, citizens have the right to a trial by jury.

Tenth Amendment

States that powers that the Constitution does not give to the federal government are reserved for the states.

THE FIFTH AMENDMENT

The Amendment that protects individuals in several important ways. First, it protects against self-incrimination, meaning that in a criminal case, the defendant does not have to testify in court as a witness against himself or herself. The Fifth Amendment also protects against double jeopardy. Thus, government cannot try a person more than once for the same crime.

THE FIRST AMENDMENT

guarantees freedom of speech, including gestures and other forms of expression, and of the press.

Third Amendment

The government may not house soldiers in private homes without consent of the owner Or States that government cannot house soldiers in private residences during peacetime or during war except for provisions in the law.

Substantive due process

The requirement for laws depriving an individual of life, liberty, or property to be fair and not arbitrary.

Procedural due process

The requirement that a government must use fair procedures before depriving a person of his or her life, liberty, or property.

Establishment clause

maintains that government "shall make no law respecting an establishment of religion.

Free-exercise clause

states that government cannot make a law "prohibiting the free exercise" of religion.

Ninth Amendment

• States that although the Bill of Rights names certain rights, this does not remove other rights retained by citizens.

Eighth Amendment

• States that government will not set bail at excessive levels. • Prohibits government imposition of excessive fines. • Prohibits cruel and unusual punishment.