MGMT 311 Exam 1 - FLASHCARDS - Chapter 2
How is power divided in federalism?
- Power is divided between national government and state governments.
- We really have a partnership between national and state governments.
What does the U.S. Constitution set the limits for?
The U.S. constitution sets the limits of government actions
What are examples of regulatory powers of the states?
- Sovereignty
- Police Powers
What is sovereignty?
Power of the states to govern themselves stems from the 10th amendment.
What are police powers?
Right of state governments to regulate private activities to protect or promote the public order, health, safety, morals, and the general welfare.
What is the Privileges and Immunities Clause?
If citizens of one state engage in basic and essential (earning and living and access to housing) activities in another state (“foreign state”), they must be treated same as citizens of the foreign state unless the foreign state has a substantial reason for treating nonresidents differently from its own residents, and the reason for this discrimination is substantially related to the foreign state’s purpose in adopting the legislation.
What does the Privileges and Immunities Clause say?
“the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
What does the Full Faiths and Credit Clause say?
“Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.”
True or false: the Full Faith and Credit Clause applies to civil and criminal matters?
False. It applies only to civil matters.
True or false: Under the Full Faith and Credit Clause, rights established under deeds, wills, and contracts will be honored in other states?
TRUE
What branch of government makes laws?
Legislative
What branch of government enforces laws?
Executive
What branch of government interprets laws?
Judicial
What is the Commerce Clause?
- Article I, Section 8 of US Constitution.
- Regulates commerce with foreign nations and between states.
- Federal power.
- Expansion of Federal Power.
What was Gibbons v. Ogden?
(US 1824) – Federal government can regulate intrastate if the commerce concerns more than one state.
What was Wickard v. Filburn?
(US 1942) – Farmer’s crop production to be used wholly for consumption on his farm was subject to federal regulation because it affected interstate commerce.
What was Heart of Atlanta Motel v U.S.?
- attorney general of U.S. Government sues motel for prohibiting african Americans from being able to stay at the motel. The motel argued that the Civil Rights act was unconstitutional and that because they are a small business, they don’t affect commerce
What clause affects businesses the most in the Constitution?
Commerce clause
What is the main idea of the commerce clause?
Power allowing the federal government to regulate goods between states, known as interstate commerce
What is interstate commerce?
Regulating the movement of goods between states
What is intrastate commerce?
Regulating the movement of goods within states
What was Gonzales v. Raich?
Decision by the U.S. Supreme Court ruling that, under the Commerce Clause, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes. Supreme Court allows the federal government to regulate noncommercial activities taking place wholly within a state’s borders.
What is the Dormant Commerce Clause?
States do not have the authority to regulate interstate commerce. States are not supposed to pass laws that affect commerce
How do you determine if the Commerce Clause is violated by the state action?
Courts must balance the state’s interests in the purposes of the regulation against the burden placed on interstate commerce. Only if the burden on interstate commerce clearly outweighs the State’s legitimate purpose does such a regulation violate the commerce clause.