Ch.4: Business Law & Constitution

Privileges & Immunities Clause

-Article IV of the U.S. Constitution: states "citizens of each state shall be entitled to ALL privileges and immunities of citizens in the U.S."

Federal Forum Of Government

-Shares power between national and state governments -Each state government has inherent sovereignty -States Police powers(Regulate w/in boarders)

Federal Government:

-Taxing and spending powers -Bill of Rights-> not initially a part of the constitution; originally puts limits on federal and state actions.

Preemption

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

The commerce Clause

Empowers congress "to regulate commerce w/ foreign nations, states, and natives." -Gibbons v. Ogden (1824) to regulate interstate commerce.

Full Faith and Credit Clause (Art. IV & 1)

Ensures the decision with respect to property rights will be honored and enforced in ALL states. -protects legal rights of American citizens.

Freedom of Speech

can regulate through time, manner and place

Congressional Intent

not clear whether congress intended to preempt an entire area through passing a certain law. -congressional intent to preempt a conflicting state or local law, regulation or ordinance of federal law.