Constitutional Issues in Business

Question 1

Commerce Clause

Answer 1

gives Congress the exclusive power to make laws relating to foreign trade and commerce and to commerce among the various states

Question 2

Police Power

Answer 2

permits states to regulate broadly to protect and promote the public order, health, safety, morals, and general welfare.

Question 3

Dormant Commerce Clause

Answer 3

even when the federal government does not act to make rules to govern matters of interstate commerce, the state may (using their police powers), but they may not do so in ways that unduly burden or discriminate against interstate commerce.

Question 4

Preemption Doctrine

Answer 4

based on the supremacy clause, where federal law preempts state law, even when the laws conflict. Therefore, a federal court may require a state to stop certain behavior that it believes interferes with, or is in conflict with federal law.

Question 5

Preempt

Answer 5

take action in order to prevent something from happening.

Question 6

Due Process

Answer 6

the conduct of legal proceedings strictly according to established principles and procedures, laid down to ensure fair trial for every accused.