Business Law 4.0 Flashcards

Chapter 4

1
Q

1/4 functions of Constitutional Law

A
  1. Establish the supreme law of a state or country
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2
Q

2/4 functions of Constitutional Law

A
  1. create the structure of the government and allocate power within the government structure
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3
Q

3/4 functions of Constitutional Law

A
  1. Impose restrictions on the power of the government
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4
Q

4/4 functions of Constitutional Law

A
  1. Grant rights and liberties to citizens
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5
Q

section 1 of the constitution

A

establish the legislative branch (congress)

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6
Q

article 2 of the constitution

A

establish the executive branch (president)

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7
Q

article 3 of the constitution

A

establishes the judicial branch

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8
Q

article 4 of the constitution

A

establishes the relationship between the states and the federal government

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9
Q

article 5 of the constitution

A

describes how the constitution gets amended

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10
Q

article 6 of the constitution

A

covers various & miscellaneous matters and the supremacy clause

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11
Q

article 7 of the constitution

A

describes process of ratifying the constitution

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12
Q

how many articles in the constitution

A

7

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13
Q

federalism

A

the interplay between the federal government and the states and their respective powers

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14
Q

what was the origin of supreme power, and why was it criticized

A

“no taxation without representation” after the rebellion against the british

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15
Q

what does federal fiscal powers mean

A

basically the authorities that the federal government possesses in regards to money

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16
Q

what are the federal fiscal powers

A

taxation, spending, borrowing & coining money, eminent domain

17
Q

what is eminent domain

A

the power of the government where they can take private property in exchange for fair compensation

18
Q

is there a limit of how much money can be coined?

A

no

19
Q

is there a limit of how much money can be printed?

A

yes

20
Q

why would the government place a limit on how much money could be printed

A

because the value of the dollar would decrease, and would exacerbate inflation (cause inflation)

21
Q

what could potentially happen if the government reaches their annual spending limit

A

they risk shutting down

22
Q

what types of things would the government exercise eminent domain for?

A

airports, schools, railroads, highways, national parks, oil drilling or pipelines, military bases, etc.

23
Q

why is there no limit on how much coins made

A

because too many coins wont cause inflation, no one pays with coins only, and the cost to make coins is higher than the value of the coin itself

24
Q

what is due process

A

when you interact with the government, the government must treat you fairly

25
Q

even though the states hold power, what are their limitations

A

state laws are limited if they are conflicting with the federal government, or they must yield to the federal law

26
Q

what is the first component of federal and state legislation being considered “in conflict” with one another

A
  1. if compliance with both state and federal law is impossible
27
Q

what is another component of the state and federal legislation being considered “in conflict” with one another

A

if the state law “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of congress”

28
Q

what is judicial review

A

the process by which the courts examine government actions whether they conform to the U.S. Constitution

29
Q

what happens if the the government action violates the U.S. Constitution

A

the courts (under judicial review) will invalidate the action

30
Q

what is considered a fundamental principle of the U.S. Constitution

A

separation of powers

31
Q

what does the separation of powers written into the constitution entail

A

basically the establishment of different branches of government and how they carry different responsibilities that are independent on one another

32
Q

when is the separation of powers not complete?

A

when two or more branches of government share power

33
Q

what is the executive branch in charge of

A

enforcing the law

34
Q

what is the legislative branch in charge of

A

making the law

35
Q

what is the judicial branch in charge of

A

interpreting the law

36
Q
A