Chapter 4: Constitutional Authority to Regulate Business Flashcards
Legislative Branch of Government
Makes the laws
Executive Branch of Government
Enforces the laws
Judiciary Branch of Government
Interprets the laws, and apply them to specific situations.
Who/What gets to be the final authority regarding the constitutionality of a law?
The Courts (BOTH federal and state)
Which court case established that the courts would be final authority regarding the constitutionality of a law?
Marbury v. Madison
The Commerce Clause
States that Congress has the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”
Anything that “substantially affects commerce involving more than one state, even if the activity occurs completely within the borders of a state.
Which clause was used by the Supreme Court to disallow racial discrimination in public accommodations?
Heart of Atlanta Motel v. United States
The Privileges and Immunities Clause
While a state has the power to make laws governing its own citizens, that a state cannot impose unreasonable burdens on citizens outside the state. This clause prevents states from gross prejeduce against “outsiders”.
Full Faith and Credit Clause
Has only been applied to civil matters, contracts can be enforced from state to state, and judgments of a court in one state will be enforced in another.
How do Courts determine if a restriction on speech will be upheld or overturned? (Based on what criteria)
1) It must seek to implement a substantial government interest
2) It must directly advance that interest
3) It must go no further than necessary to accomplish its objective
What are the categories of free speech?
Corporate political speech, Commercial Speech, Unprotected Speech, symbolic speech
Which type of speech is the most protected?
Political Speech
The Due Process Clause
Consists of two components, “procedural and substantive” (this clause applies to “legal persons” as in corporations and individuals)
Procedural Due Process
requires that any government decision to take life, liberty, or property must be made equitably; the government must give a person proper notice and an opportunity to be heard.
Substantive Due Process
Protects an individual’s life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them. It limits what the government may do in its legislative and executive capacities.
