Exam 1 Flashcards
Business Law
Interaction between public and private sectors
Article 1
Lays out the congress and enumerates it powers
Article 1 Section 8
Enumerated Powers:
1) Levy and collect Taxes
2) Borrow money against the credit of the US
3) Regulate Interstate and Foreign Commerce*
4) Establish uniform rules of naturalization and bankruptcy
5) Coin money and set standards of weights and measures
9) Constitute Tribunals inferior to the US supreme court
18) Necessary and Proper Clause
Necessary and Proper Clause
Congress may make all laws necessary and proper to carry out its remit
Article 1 Section 9
Congress may not:
1) Suspend the Writ of Habeas Corpus except in time of invasion or rebelling
2) Pass Ex Post Facto laws
States May Not:
1) Pass Ex Post Facto laws
2) Impair freedom of cntract
Article 2
The Executive Article:
-Establishes the Federal Executive; The President
-The Executive carries out the laws passed by the legislature
-Elected by the Electoral College
Powers of the President
The President May:
1) Appoint Federal Officers
Judges are special, appointed by pres., approved by senate
2) Grant Pardons
3) Veto Legislation
4) Act as commander in chief of the US armed forces
Article 3
Judiciary Article:
Establishes the Supreme Court
Article 3 Section 1
“The Judicial Power of the US is vested in the Supreme Court”
Federal Jurisdiction
1) All cases involving federal law
2) Cases involving ambassadors, ministers, and consuls of foreign nations
3) Admiralty and Maritime cases
4) US is a party to the case
5) Controversy between two or more states
6) Controversy between a state and a citizen of another state
7) Citizens of different states (Diversity jurisdiction)
8) Constitutional Issue
Supreme Court Original Jurisdiction
1) Cases involving foreign diplomacy
2) Controversy between states
3) Controversy between a state and citizen of another state
Supreme Court Concurrent Jurisdiction
1) Controversy between citizens of different states
2) Constitutional issues
Jury Trial
Provided in article three that you are: Only guaranteed a jury in federal court. Jury only available w/ risk of imprisonment. Otherwise, case decided by judge.
Article 4 Section 1: Full Faith and Credit Clause
The states must give full faith and credit to the:
1) Public acts
2) Records
3) Judicial Proceedings
of the other states.
Article 4 Section 2: Privileges and Immunities Clause:
All citizens of any state are entitled to all privileges and immunities of citizens of any other state. Applies to the Citizens of the US.
Article 6 - Supremacy
The Federal constitution prevails over state constitutions in the event of conflict. Federal laws are supreme over state laws in the event of conflict.
Article 6 Section 3
There can be no religious tests required to hold office.
Amendment 1
Establishes freedom of:
-Speech
-Religion
-Press
-Assembly
In regards to the government (not private entities)
Restrictions on Freedom of Speech
Prohibited Speech includes:
-Matters of National Security
-Declaring Present Danger Test
-Anything covered under criminal law
–Libel
–Slander
Libel and Slander
Requirements to establish Libel/Slander has occurred:
1) Speech must be false or create a false impression.
2) Must be published (witnessed by at least one third party)
3) Must injure the reputation
Public Officials must prove:
1) All previous requirements
2) Malicious Intent
Public Figures must prove:
1) Initial 3 requirements
2) the use of poor reporting techniques
Freedom of Religion
Free Exercise Clause:
-The government can not pass a law abridging the free exercise of religion
Establishment Clause
-The government can not pass a law establishing(favoring) a religion
Boils down to separation of church and state