Chapter 4: Constitutional Authority To Regulate Business

Question 0

What was the purpose of the Constitution?

Answer 0

1. Create the federal form of government
2. Set forth the specific powers it would have
3. Spell out the specifics of how it would operate
   A. 3 branches
   B. checks & balances

Question 1

Give a brief outline of the history leading to our U. S. Constitution.

Answer 1

1776 Independence
1780 Articles of Confederation
1790 U. S. Constitution

Question 2

How are federal and state powers divided?

Answer 2

Delegated/designated
FEDERAL POWERS:
- Military
- Coin money
- Mail
- Bankruptcy/Patents
- Interstate Commerce

Reserved/Retained
STATE POWERS
- Real property
- Contracts
- Education
- Marriage/Divorce
- Intrastate Commerce (business conducted in state)
- Most crimes
- Gambling
- Drug use
- Prostitution
- Driving & traffic laws
- Employment (outline

Question 3

What is the Privileges & Immunities Clause

Answer 3

Guarantees that non-residents will vibe treated the same by a state unless there is a substantial reason not to. (Outline)

Question 4

What is equal protection?

Answer 4

Guaranteed by the 5th Amendment, people within a state will be treated the same unless there is a substantial reason not to. (Outline)

Question 5

WhAt does the Full Faith & Credit Clause do?

Answer 5

States will give full faith and credit in court, decisions from other states will be honored. (Outline)

Question 6

What does the Bill of Rights guarantee?

Answer 6

1. Freedom of Speech - not absolute (porn, defamatory speech)
   Symbolic speech
   Flag burning
2. Freedom of Religion - the establishment clause
   Does not require complete separation of church & state
3. Searches - warrant required, based upon probable cause
   Exceptions: hot pursuit, plain sight, crime in progress, vehicle
4. Right to remain silent - 5th Amendment
   Applies to individuals, not to corporations
   Miranda Rule
5. Due Process - 5th & 14th Amendments
6. Privacy right - Not set forth in the Constitution. Court interpretation since 1928. ROE vs WADE (1973)
7. Commerce Clause - regulate interstate business (between states) Civil Rights Act. HEART OF ATLANTA MOTEL vs U.S. (1964)