Business Law- Chapter 4 Flashcards
U.S. Constitution
The fundamental law of the United States of America. it was ratified by the states in 1788
Federalism
The U.S. form of government, in which the federal government and the 50 state governments share powers.
Enumerated Powers
Certain powers delegated to the federal governement by the states.
Legislative Branch
The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives).
Executive Branch
The part of the U.S. Government that enforces the federal law; it consists of the president and vice president.
Judicial Branch
The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts.
Checks and Balances
A system built into the U.S. Constitution to prevent any one of the tree branches of the governement from becoming too powerful.
Supremacy Clause
A clause of the U.S. Constitution which establishes that the U.S. Constitution and federal treaties, laws, and regulationsare the supreme law of the land.
Preemption Doctrine
The concept that federal law takes precedence over state or local laws.
Commerce Clause
The 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.”
Interstate Commerce
Commerce that moves between states or that affects commerce between states.
Public Power
Power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.
Unduly Burden Interstate Commerce
A concept which says that states may enact laws to protect or promote the public health, safety, morals and general welface, as long as the laws do not unduly burden interstate commerce.
Bill of Rights
The first 10 amendments to the Constitution, which were added to the U.S. Constitution in 1791.
Freedom of Speech
The right to engage in oral, written, and symbolic speech protected by the First Amendment.
Offensive Speech
Speech that is offensive to many members of society. It is subject to time, place and manner of restrictions.
Commercial Speech
Speech used by businesses, such as advertising. It is subject to time, place and manner restrictions.
Unprotected Speech
Speech that is not protected by the First Amendment and may be forbidden by the government.
Obscene Speech
Speech that 1. appeals to the prurient interest, 2. depicts sexual conduct in a patently offensive way, and 3. lacks serious literary, artistic, political or scientific value.
Establishment Clause
A clause to the First Amendment that prhibits the government from either establishing a state religion or promoting one religion over another.
Free Exercising Clause
A clause to the First Amendment that prohibits the government from interfering with the free exercise of religion in the US
Fourteenth Amendment
A amendment added to the U.S. Constitution in 1868 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses.
Equal Protection Clause
A clause which provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws.”
Strict Scrutiny Test
A test that is applied to classifications based on race.
Intermediate Scrutiny Test
A test that is applied to classifcations based on protected classes other than race.
Rational Basis Test
A test that is applied to classifications not involving a suspect or protected class.
Due Process Clause
A clause which provides that no person shall be deprived of “life, liberty, or property” without due process of the law.
Substantive Due Process
A category of due process which requres that government statues, ordinances, regualtions or other laws be clear on their face and not overly broad in scope.
Procedural Due Process
A category of due process which requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty or property.
Privileges and Immunities Clause
A clause that prohibits states from enacting laws that unduly discriminate in favor of their residents.
