ch 4: business and the constitution Flashcards
No congress or state can make a law that conflicts w the constitution
(t or f)
True
before the consitution what was in place
the confederal form of govt in which the states had the authority to govern themselves and the national govt had limited powers
federal form of govt.
form of govt in which the national and state govt share sovereign power
federal powers
powers that are specific to the national or fed govt in which they have implied powers to take actions to fulfill its powers.
all powers not given to the fed are reserved for the states
police powers
powers that states have due to their soverigny, this includes regulating private activities, protecting the public,fire and building codes, parking and zoning regulations and more statutes
Classy Cycles vs. Panama City Beach
Panama city put certain restrictions on scooter bikes such as them not being allowed to be rent overnight or at a future date in which classy cycles appealed as even though the city has power to regulate activities that impact the city, they are allowed only to do so as long as such regulations are not arbitrary or unreasonable in which the cities case was unreasonable. CC won.
privilege and immunites clause
requires states to not discriminate against other citizens. A resident of one state, when in another state, cannot be denied the privileges and immunities of that state.
full faith and credit clause
ensures that rights established under deeds, wills, contracts, and similar things state will be honored by other states and that judicial decisions will be honored/ enforced in all states
separation of powers
powers divided btw 3 brances
3 branches of power
legislative-makes the laws
executive-enforces the law
judicial-interprets the law
checks and balances
allows each branch to limit the actions of the other two branches to prevent one branch from exercising too much powers
commerce clause
clause in cont. giving the congress the power to regulate interstate commerce (btw diff states) but not intrastate commerce (one state)
Gibbons V Odgen
2 ppl had a NY monopoly on steam-powered boats and licensed Aaron Ogden to run ferry boats btw NY and NJ. Gibbons, with fed permission, also ran a ferry service but was sued by Ogden because he didn’t have NYs approval.
Decision: ruled that “commerce” includes all business activities affecting more than one state. He determined that the federal government has the exclusive power to regulate interstate commerce, ruling in favor of Gibbons.
Heart of atlanta motel v united states
Background: before, segregation violated the constitution however after the civil rights act of 1964, segregation and discrimination was prohibited in establishments that affected interstate commerce
Case: A guy owned a hotel and refused to rent the rooms to african americans in which broke the civil rights act of 1964 however he argued that his motel was not engaged in interstate commerce however the motel was accessible to state and interstate highways, was advertised nationally, and accepted convention trade from outside the state (75 percent of the guests were residents of other states).
Rule: The federal district court upheld the Civil Rights Act, ruling that it was constitutional and ordered the motel to stop racial discrimination and the owner appealing bringing this case to the supreme court
Spotlight case example (marajuana)
Despite state laws allowing medical/ recreational marijuana use, it remains illegal under the federal Controlled Substances Act (CSA). The case in which federal authorities seized marijuana from 2 ill women using it for medical purposes legally , the Supreme Court ruled that Congress can still prohibit marijuana possession and cultivation under federal law, even in states where it is legal.
Case example 4.2 (tennessee total wine case)
Tennessee’s needed 2-year residency for bus.to obtain a liquor license, preventing Total Wine from opening a store in Nashville. officials argued that this was justified by the Twenty-first Amendment, which allows states to regulate alcohol. However, the Supreme Court ruled that the law was mainly intended to protect local businesses from out-of-state competition and lacked a genuine connection to health or safety concerns. Therefore, it violated the dormant commerce clause.
supremecy clause
Clause that the constitution, laws, and treaties of the united states are the “supreme law of the land”
preemtion
When federal laws preempt or (override) conflicting state/local laws
concurrent laws
powers-shared by federal and state govt
what is the bill of rights
the 10 amendments in the cont.
1st amend
freedom of religion, speech, press, assembly, and petition
2nd amend
guarantees the right the right to bear arms
3rd amend
prohibits, in peacetime, the lodging of soldiers in any house without owner consent
4th
prohibits unreasonable searches for seizures of persons and property
5th
guarantees the rights to indictment by a grand jury, due process of law, and to fair payment when private property is taken for private use. Also prohibits compulsory self-incrimination and double jeopardy
6th
gauarantees the accused in a criminal case to a speedy and public trial by an impartial jury and with counsel. Accused defendants have the right to cross-examine witnesses against them and to solicit testimony from witnesses in their favor.
7th
guarantees the right to a trial by jury in a civil (noncriminal) case involving at least twenty dollars
8th
prohibits excessive bail and fines, as well as cruel and unusual punishment.
9th
establishes that the people have rights in addition to those specified in the Constitution
10th
powers neither delegated to the federal government nor denied to the states are reserved for the states
14th amendment
passed after the civil war in whcih no state shall deprive any person of life, liberty, or property, without due process of law
who is the interpreter of the cont. giving meaning to cont rights and boundries
supreme court
symbolic speech
nonverbal expressions of beleifs (gestures, movements, clothing) that is given protection by the courts
restrictions on freedom of speech
expressions are subject to restricts as its the govt job to protect citizens while also giving them the right to exercise
content neutral laws
Laws that are rules about the time, manner, and place but not the content of speech said.
(more accepted as it doesnt limit what message ur trying to convey just when and where)
laws that do restrict the content of speech
they must have a rlly important reason as to why they are restricted and written to adress only that reason.
constitutionality test
states that the govt needs a strong reason to pass a law that limits basic rights such as free speech
corporate political speech
Political speech from corporations also now falls within the protection of the first amendment bc before it was restricted which violated the right of corporations to freedom of speech
Citizens united v Federal Election Commision
the Supreme Court overturned a previous ruling on campaign financing. The case involved a nonprofit group, Citizens United, which produced a film of Hillary Clinton. Campaign-finance laws prevented them from releasing the film. The Court decided that these restrictions were unconstitutional, stating that the First Amendment protects corporations’ rights to make independent political expenditures.
Commercial speech
Courts give protection to commercial speech, which consists of comm such as advertising and marketing mad ebay businesses that involve commercial interests
Valid restricts on commercial speech
1-seeks to implement a substantial government interest- (ex protecting ppl)
2-directly advances that interest (it helps achieve their goal of protecting ppl)
3-goes no further than necessary to accomplish its objective. (not more restrictive than necessary)
cafe erotica
Nude dancing business that wanted to put a nude person for their billboard however this commercial speech was not declared unconstitutional as the state has a good reason to preserve highway beautification
unprotected speech
types of speech will not be given protection under the first amendment (speech that hard rep of another, speech that violates laws such as obscene or threatening speech)
1st amend -freedom of religion
Govt cannot establish a religion nationwide or prohibit the exercise of religious practices (establishment clause and free exercise clause)
establishment clause
prohibits the govt from establishing a state sponsored religion or from promoting one religioon over another
applicable standard
Issues arise from the establishment clause such as the legality of allowing in-school prayers, vouchers to pay tuition at religious schools, or the reaching of certain theories
free exercise clause
Clause- guarantees that people can hold any religious beliefs they want or no beliefs
applies to governments, not private employers, but employers may still need to accommodate religious beliefs.
muslim guy case
A muslim guy in prison requested to grow his beard half and inch due to his beliefs however he was turned down due to safety procedures. The decision was that the deps. Policy violated his right to exercise his religious beliefs.The court found the policy substantially burdened Holt’s religious practice.
what is due process
Guarantees that no person should be deprived of life, liberty, or property without due process
where can due process be found
5th and 14th amend
2 parts of due process
-procedureal
-substansive
procedural due process
requires that any govt decision to take life, liberty, or property must be made fairly.
Must be given a property notice and opportunity to be heard
Govt also must use fair procedures in determining whether indv will be subjected to burden or punishment
substansive due process
Focuses on the content of the legislation instead of the fairness of procedures.
The legislation itself must be fair and reasonable.
Laws that limit fundamental rights (like free speech, privacy, and voting) must promote a compelling state interest
case doyle from kansas
A nurse took a pic w placenta but then deleted but it ended up on FB, the director of the program expelled her without talking or anything. Doyle sues and wins bc it violated doyles due process rights bc they didn’t give her an opportunity to present her side
equal protection clause
requires state governments to treat similarly situated individuals in a similar manner.
the diff levels of scrutiny
-strict
-intermediate
-rational
strict scrutiny
If a law prohibits/inhibits some persons from exercising a fundamental right,
classifications based on a suspect trait—such as race, national origin, or citizenship status
Intermediate scrutiny
Applied to cases involving discrimination based on gender or legitimacy
Rational basis test
In matters of economic /social welfare, a classification will be valid if there is any conceivable “rational basis” on which the classification might relate to a legitimate government interest.
Privacy rights
In Olmstead v. United States (1928), Justice Brandeis argued for a right to privacy, but the majority disagreed.
In Griswold v. Connecticut (1965), the Supreme Court ruled that privacy rights are implied by the First, Third, Fourth, Fifth, and Ninth Amendments.
