Chapter 2: Business and the Constitution Flashcards
Before the Revolutionary War, what kind of government did the states want?
A weak national government with limited powers
What were the two issues of the Articles of Confederation?
- The nation was facing an economic crisis
- State laws interfered with the free flow of commerce
a system of government in which the states form a union and the sovereign power is divided between a central government and the member states
federal form of government
the quality of having independent authority over a geographic area. (ex: state governments have the authority to regulate affairs within their borders)
sovereignty
powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.
police powers
What was the serious flaw of the proposed first Constitution?
It did not protect individual rights and liberties
What fixed the major flaw of the proposed first Consitution?
The Bill of Rights
What are the police powers?
health, safety, order, morals
If you are caught speeding a get a ticket, what kind of power is the ticketer exercising?
enforcement powers (has NOTHING to do with police powers)
clause that prevents states from discriminating against one another’s citizens (ex: transferring property, seeking employment, and accessing the court system)
privileges and immunities clause
clause that requires states to enforce the laws and court rulings of other states, especially concerning property and criminal proceedings
full faith and credit clause
If you got a ticket in Georgia and got your license suspended, but your from Maryland, what clause applies to the fact that even in Maryland your license will still be suspended even though you got a ticket in Georgia?
full faith and credit clause
T/F: The Privileges and Immunities Clause means that states must comply and enforce the ruling of other states concerning mainly property and criminal law
False (this is the Full Faith and Credit Clause)
Virtually the entire reason we have the Constitution is because of:
business
What does the legislative branch do (Congress)?
creates laws
What does the executive branch do (President/agencies)?
enforces laws
What does the judicial branch do (courts)?
interpret laws
What two things did the Commerce Clause do for the U.S?
- Solved economic issues of the articles of confederation.
- Allowed the largest growth and prosperity the world has ever seen.
the system by which each of the three branches of the U.S. National Government exercises checks on the powers of the other branches
checks and balances
What clause gives Congress the power to regulate interstate commerce?
commerce clause
What is the most important clause in the Constitution for business?
commerce clause
Can states regulate interstate commerce? Why or why not?
Yes; the federal government can regulate it if they want to, they can share that regulation if they want to, or they can regulate it by themselves
Who has priority over commerce regulation?
the federal government (commerce clause)
States may regulate interstate commerce only if:
- The Federal Government hasn’t decided to exclusively regulate a particular area of commerce
- The state regulation does not “unduly burden” interstate commerce (ex: trucking industry, shoes)
the clause that provides that the Constitution, laws, and treaties of the United States are the “supreme Law of the land”. Under this clause, state and local laws that directly conflict with federal law will be rendered invalid
supremacy clause
a doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws
preemption
What does the 14th Amendment say and do?
Say: “No state shall deprive any person of life, liberty, or property without due process of law”
Do: limits the state governments
T/F: The rights secured by the Bill of Rights are not absolute
True
nonverbal conduct that expresses opinions or thoughts about a subject; it is protected under the First Amendment’s guarantee of freedom of speech
symbolic speech
What is the First Amendment?
freedom of speech (business exception)
What is the Second Amendment?
Right to Keep and Bear Arms
What is the Fourth Amendment?
Freedom from Unreasonable Searches (business exception)
What is the Fifth Amendment?
Right against Self-Incrimination (business exception) and Due Process clause
a test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait
compelling government interest test
the provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law “respecting an establishment of religion”
establishment clause
the provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law “prohibiting the free exercise” of religion
free exercise clause
Does the Fifth Amendment guarantee against self-incrimination extend to corporations or partnerships?
No; only extends to natural persons
the provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law.
due process clause
if a law or action prohibits or inhibits some persons from exercising a fundamental right, the law or action will be subject to ______ _______ by the courts.
strict scrutiny
applied in cases involving discrimination based on gender or legitimacy (children born out of wedlock)
intermediate scrutiny
T/F: It is almost impossible for a law or action to fail the rational basis test
True
T/F: The word privacy is not found in the Constitution
True
What amendments IMPLY that there is a constitutional right to privacy?
First, Second, Third, Fourth, Fifth, and Ninth Amendments
what allows persons to request copies of any information on them contained in federal government files?
Freedom of Information Act
T/F: The national government has the implied power to undertake actions necessary to carry out its expressly designated powers.
True
T/F: Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.
True
T/F: Equal protection means that the government must treat all individuals the same.
False
A federal form of government is one in which the national government shares sovereign power with:
the states
Under the U.S. Constitution, Congress has the power to regulate:
a. only non-commercial activities.
b. only intrastate commercial enterprises.
c. every commercial enterprise in the United States.
d. only local commercial enterprises.
c. every commercial enterprise in the United States.
Federal regulations concerning medical devices directly conflict with a certain state law. Under the U.S. Constitution, which law takes precedence is determined by:
a. the commerce clause.
b. the privileges and immunities clause
c. the supremacy clause
d. the full faith and credit clause
c. the supremacy clause
Utah enacts a statute to ban advertising in “bad taste.” Most likely, a court would hold this statute to be
a. justified by the need to protect individual rights.
b. an unconstitutional restriction of speech.
c. constitutional under the First Amendment.
d. necessary to protect national interests.
b. an unconstitutional restriction of speech.
