Business Law.

International Law: The Foreign Commerce Clause Article 1, Section 8, Clause 3

The Commerce Clause of the U.S. Constitution gives the federal government the exclusive power to regulate commerce with foreign nations. Direct and indirect regulation of foreign commerce by state or local governments that discriminates against foreign commerce violates the Foreign Commerce Clause.

Enumerated powers (Article 1, Section 8)

Certain powers delegated to the federal government by the states. The Congress (who write the law) have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide the common defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

Substance Due Process Law

Requires government laws to be clear and not overly broad. The test is whether a reasonable person could understand the law.

Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments (10th amendment).

State governments are empowered to deal with local affairs.

The 6th Amendment of the U.S. Constitution:

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay (a speedy trial), the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

The Supremacy Clause

establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land. State and local laws that conflict with valid federal law are unconstitutional.

The Bill of Rights provides certain freedoms and protections to individuals and business:

-Freedom of speech -Freedom of religion

Freedom of Religion The U.S. Constitution requires federal, state, and local governments to be neutral toward religion:

-The Establishment Clause - prohibits the government from either establishing a state religion or promoting one religion over another -The Free Exercise Clause - prohibits the government from interfering with the free exercise of religion in the United States

Freedom of Speech

-The right to engage in oral, written, and symbolic speech protected by the First Amendment -The U.S. Supreme Court places speech into three categories: 1. Fully protected 2. Limited protected 3. Unprotected

Government's power is divided between three independent and co-equal branches of government:

1. Executive: Carries out laws and enforces laws (President, Vice President, Cabinet). 2. Legislative: Makes laws (Congress - the Senate and House of Representatives). The legislative branch enacts legislation, confirms or rejects presidential appointments, and has the authority to declare war. 3. Judicial: Interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution (Supreme Court and Other Courts).

Categories of Protected Speech

1. Fully protected speech that the government cannot prohibit or regulate; First Amendment protects oral, written, & symbolic speech 2. Limited protected speech that the government cannot forbid, but it can subject this speech to time, place, and manner restrictions (offensive & commercial) 3. Unprotected speech that is not protected by the First Amendment and may be totally forbidden by the government (dangerous speech, fighting words, defamatory language, obscene speech, etc.)

State and Local Government Regulation of Business:

10th Amendment: Police Power- the power of the states to regulate private and business activity within their borders. States may enact laws that protect or promote the public health, safety, morals, and general welfare as long as the law does not unduly burden interstate commerce State and local governments may regulate: -Interstate commerce (more common) -Intrastate commerce not exclusively regulated by the federal government. *Interstate commerce: Commercial activity that extends beyond state boundaries. This includes shipment across borders and financial transactions that occur between institutions located in two or more states. *Intrastate commerce: The act of purchasers and sellers transacting business while keeping all transactions in a single state.

The Commerce Clause Article 1, Section 8, Clause 3

A clause of the U.S. Constitution that grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes." Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than any other provision in the Constitution This clause also gives the federal government the authority to regulate interstate commerce. The federal government may regulate: Interstate commerce that crosses state borders Intrastate commerce that affects interstate commerce.

The doctrine of Separation of Powers

Article I of the Constitution established the legislative branch of government; The part of the government that consists of Congress: the Senate and the House of Representatives. Article II of the Constitution establishes the executive branch of government; The part of the government that consists of: the President and the Vice President. The president is selected by the electoral college, not elected by popular vote. Article III of the Constitution establishes the judicial branch of the government; The part of the government that consists of: the Supreme Court and other federal courts that may be created by the Congress.

What is Federalism?

Federalism is a system of government controlled by its Constitution. Under the U.S. Constitution, certain powers are shared by both between the national government and individual state governments.

The First Amendment:

guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual's religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of the citizens to assemble peaceably and to petition their government.