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