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Question 1

What are the constitutional powers of government?

Answer 1

1. Federal form of government
   2.Seperation of powers
   3.Supremacy clause
   -power of fed gov vs Power of States
2. commerce clause

Question 2

what’s the federal form of government?

Answer 2

-power is divided between the central gov (federal) and states
-all powers not granted to fed gov are reserved to the states

Question 3

sovereignty

Answer 3

power of a state to do what is necessary to govern itself. individual state sovereignty is determined by the US constitution

Question 4

Separation of powers

Answer 4

-ensures that no branch of gov is granted too much power
- checks and balances allow each branch to limit the powers of the other branches (every branch has a way to undo each other branch)

Question 5

supremacy clause

Answer 5

The provision in Article VI of the US constitution that the constitution,laws & treaties of the United states are the “supreme law of the land”
-“federal laws are the highest laws”

power of states:
-police power of the 10th amendment allows states to regulate for public order,health, safety,morals & general welfare within their borders
-in case of direct conflict between state and constitutional federal law,state law is invalid

“if its on the list,congress can pass making it a fed law, if not states gets it. when conflict, fed wins”

Question 6

commerce clause

Answer 6

(used the most)
Article I, section 8 of US constitution gives congress the power to regulate interstate commerce

-gives congress time to regulate:
-Commerce AND
-interstate or foreign nations OR Native American Tribes

-4 court cases examples that were able to change what commerce clause means (wheat farm,medical marijuana,
-gibbons v ogden expanded the power to regulate all activities that “substantially affect” interstate commerce (tax shipped goods, marijuana in cali can be taken away anytime by the fed)
-has a greater impact upon business than any other part of the constitution

Question 7

Dormant Commerce Clause

Answer 7

-under commerce clause
-federal gov has power over interstate commerce, meanwhile states DONT

Question 8

Tax and Spending Clause

Answer 8

(2nd most used part of the constitution for fed gov powers)
- congress has the power to “lay and collect taxes…. to pay the debts & provide for the common defense and general welfare of the US… but all (taxes) shall be uniform throughout the US”
-can condition receipt of federal funds

-govt can stop funding if states don’t comply
-anything can be argued to be for general welfare

ex: george w bush with preparing kids for college, standardized tests by fed gov were used every week,districts didn’t like. funds stopped if no one tested)

Question 9

bill of rights , what amendment is a focus on our class)

Answer 9

first 10 amendments of our constitution
-1st amendment,freedom of speech

Question 10

what’s the 1st amendment

Answer 10

-protects rights to free speech ,both spoken and symbolic (flag in protest,media,podcast,written)
-govt may make reasonable restrictions to free speech rights
-may regulate time,place and manner but not content of speech
-there must be a compelling govt interest to regulate the content of speech

-ppl use free speech wrong
-commercial speech is protected as well, to a lesser extent (advertising & marketing)
-free speech is protected from gov not priv companies

ex: collin kapernick kneeled against police violence ,NFL didn’t violate cuz it’s a priv company

Question 11

unprotected speech types include:

Answer 11

-obscenity & child pornography (obscenity wasn’t defined by court but pornography can be)
-defamatory language (spreading lies)
-threatening conduct (gun & “kill u”
-“fighting words” or language likely to incite others to violence

-gov can arrest/ban if any are made
ex: kkk can be arrested if they tell p to be violent

Question 12

what are agencies and where do administrative agencies exist

Answer 12

isn’t a branch of govt but it’s a sub-branch ,has ability to create laws

all levels of government
-fed /state /local have agencies)

Question 13

national executive agencies

Answer 13

within the cabinet department of the executive branch and are empowered by congress;also independent,regulatory agencies (IRS)

Question 14

state and local agencies

Answer 14

offer serve parallel functions to their national counterparts

ex: fed: environmental protection agency; state: california environmental protection agency; they’re split up by to pie , can past laws based on topic)

Question 15

examples of fed agencies (don’t have to memorize)

Answer 15

state, treasury , justice , labor ,energy

Question 16

what’s the practical significance of agencies

Answer 16

-provide a comprehensive regulatory scheme, agencies in govt work together & share the responsibility of creating and enforcing particular regulations

-stack experts of topic/practice to be better equipped to pass regulations

Question 17

deference

Answer 17

legal concept that refers to the respect or yielding that one legal actor or institution shows to another , principle of judicial review

Question 18

judicial deference to agency decisions

Answer 18

-historically courts granted deference to the agency’s judgement , they accepted and cited their expertise in subject area of regulation

Question 19

what’s the chevron case (part of Judicial deference to agency decisions)

Answer 19

-the issue was whether the courts should defer to an agency’s interpretation of the statute giving it authority to act
- the US supreme court held that cory at should defer to an agency’s interpretation of law as well as fact as long as it’s reasonable
- if statute is unclear or silent courts must follow agency interpretation of reasonable

-if reasonable court has to defer to it

Question 20

Agency powers and the constitution (How are they controlled?)

Answer 20

1. Executive controls- president has veto power & can appoint officers (that’s why after elections there’s new ppl)
   2.Legislative Controls - congress can give power to an agency through enabling legislation or take power away
2. Judicial controls:
   Admin procedure act(ADA) federal statute- court may hold agency power “arbitrary & for proofs” if they aren’t in compliance with constitutional due process
   -agency must provide fair notice before changing regulatory practices

Question 21

constitutional due process

Answer 21

give fair notice of new or change in regulatory process

Question 22

administrative process

Answer 22

1.rule making
2.investigation
3. Adjudication
4. Complaint process

Question 23

Rulemaking

Answer 23

-process where admin agency formally adopts a new regulation or amends or removes an old one
-notice and comment rulemaking
-provide notice of the proposed rule by publishing rulemaking procedures
-a comment period to give interested parties time to express their views,either written or orally
-final rule is drafted and published

Question 24

Investigation

Answer 24

-agency enforces rules/laws
-inspections and tests of business faculties & products
-Subpeonas for witness and physical evidence (issue orders)
-search warrant for specific items to be seized. warrantless searches are allowed for emergencies

Question 25

Adjudication

Answer 25

(part of administrative process)
the legal process of resolving a dispute or deciding a case. admin law judges (AlJs) decide if a rule was violated at a hearing
-mini execute legislative & judicial branch
-have their own system to their own dispute
-negotiated settlements are used to avoid hearings
-if not settled a formal complaint is filed
-hearing procedures vary widely
-the ALJ issues an initial order, which is appealable.final order is then issued
-disputes can look different, depends on agency

Question 26

Complaint process

Answer 26

1.household movers broke stuff
2.complete complaint form (basic info address contact,etc)
3. submit complaint and gets back in 28 days (contacts company )

Question 27

Admin Agency reports vs Court

Answer 27

agency reports are:
-faster with forms
-may not have attorney represented
-dispute resolution process complaints confidential
-public doesn’t know
-company prefers it (stays private)
-confidential decision(hard to find

court :
-lawsuit is public
-ppl will watch case
-company’s don’t prefer
-publicity if can go to court

Question 28

whats the 10th amendment

Answer 28

any powers that wasnt specifically given to the fed gov, or was withheld from states, are reserved to the states

Question 29

Whats administrative law and its signficance to business

Answer 29

-created by admin agencies
-regulate many agencies and many areas of govt, community and businesses

-A significant cost of “doing business “ requires complicance with admin and agency laws