ch 4: business and the constitution

Question 1

No congress or state can make a law that conflicts w the constitution
(t or f)

Answer 1

True

Question 2

before the consitution what was in place

Answer 2

the confederal form of govt in which the states had the authority to govern themselves and the national govt had limited powers

Question 3

federal form of govt.

Answer 3

form of govt in which the national and state govt share sovereign power

Question 4

federal powers

Answer 4

powers that are specific to the national or fed govt in which they have implied powers to take actions to fulfill its powers.

all powers not given to the fed are reserved for the states

Question 5

police powers

Answer 5

powers that states have due to their soverigny, this includes regulating private activities, protecting the public,fire and building codes, parking and zoning regulations and more statutes

Question 6

Classy Cycles vs. Panama City Beach

Answer 6

Panama city put certain restrictions on scooter bikes such as them not being allowed to be rent overnight or at a future date in which classy cycles appealed as even though the city has power to regulate activities that impact the city, they are allowed only to do so as long as such regulations are not arbitrary or unreasonable in which the cities case was unreasonable. CC won.

Question 7

privilege and immunites clause

Answer 7

requires states to not discriminate against other citizens. A resident of one state, when in another state, cannot be denied the privileges and immunities of that state.

Question 8

full faith and credit clause

Answer 8

ensures that rights established under deeds, wills, contracts, and similar things state will be honored by other states and that judicial decisions will be honored/ enforced in all states

Question 9

separation of powers

Answer 9

powers divided btw 3 brances

Question 10

3 branches of power

Answer 10

legislative-makes the laws
executive-enforces the law
judicial-interprets the law

Question 11

checks and balances

Answer 11

allows each branch to limit the actions of the other two branches to prevent one branch from exercising too much powers

Question 12

commerce clause

Answer 12

clause in cont. giving the congress the power to regulate interstate commerce (btw diff states) but not intrastate commerce (one state)

Question 13

Gibbons V Odgen

Answer 13

2 ppl had a NY monopoly on steam-powered boats and licensed Aaron Ogden to run ferry boats btw NY and NJ. Gibbons, with fed permission, also ran a ferry service but was sued by Ogden because he didn’t have NYs approval.

Decision: ruled that “commerce” includes all business activities affecting more than one state. He determined that the federal government has the exclusive power to regulate interstate commerce, ruling in favor of Gibbons.

Question 14

Heart of atlanta motel v united states

Answer 14

Background: before, segregation violated the constitution however after the civil rights act of 1964, segregation and discrimination was prohibited in establishments that affected interstate commerce

Case: A guy owned a hotel and refused to rent the rooms to african americans in which broke the civil rights act of 1964 however he argued that his motel was not engaged in interstate commerce however the motel was accessible to state and interstate highways, was advertised nationally, and accepted convention trade from outside the state (75 percent of the guests were residents of other states).

Rule: The federal district court upheld the Civil Rights Act, ruling that it was constitutional and ordered the motel to stop racial discrimination and the owner appealing bringing this case to the supreme court

Question 15

Spotlight case example (marajuana)

Answer 15

Despite state laws allowing medical/ recreational marijuana use, it remains illegal under the federal Controlled Substances Act (CSA). The case in which federal authorities seized marijuana from 2 ill women using it for medical purposes legally , the Supreme Court ruled that Congress can still prohibit marijuana possession and cultivation under federal law, even in states where it is legal.

Question 16

Case example 4.2 (tennessee total wine case)

Answer 16

Tennessee’s needed 2-year residency for bus.to obtain a liquor license, preventing Total Wine from opening a store in Nashville. officials argued that this was justified by the Twenty-first Amendment, which allows states to regulate alcohol. However, the Supreme Court ruled that the law was mainly intended to protect local businesses from out-of-state competition and lacked a genuine connection to health or safety concerns. Therefore, it violated the dormant commerce clause.

Question 17

supremecy clause

Answer 17

Clause that the constitution, laws, and treaties of the united states are the “supreme law of the land”

Question 18

preemtion

Answer 18

When federal laws preempt or (override) conflicting state/local laws

Question 19

concurrent laws

Answer 19

powers-shared by federal and state govt

Question 20

what is the bill of rights

Answer 20

the 10 amendments in the cont.

Question 21

1st amend

Answer 21

freedom of religion, speech, press, assembly, and petition

Question 22

2nd amend

Answer 22

guarantees the right the right to bear arms

Question 23

3rd amend

Answer 23

prohibits, in peacetime, the lodging of soldiers in any house without owner consent

Question 24

4th

Answer 24

prohibits unreasonable searches for seizures of persons and property

Question 25

5th

Answer 25

guarantees the rights to indictment by a grand jury, due process of law, and to fair payment when private property is taken for private use. Also prohibits compulsory self-incrimination and double jeopardy

Question 26

6th

Answer 26

gauarantees the accused in a criminal case to a speedy and public trial by an impartial jury and with counsel. Accused defendants have the right to cross-examine witnesses against them and to solicit testimony from witnesses in their favor.

Question 27

7th

Answer 27

guarantees the right to a trial by jury in a civil (noncriminal) case involving at least twenty dollars

Question 28

8th

Answer 28

prohibits excessive bail and fines, as well as cruel and unusual punishment.

Question 29

9th

Answer 29

establishes that the people have rights in addition to those specified in the Constitution

Question 30

10th

Answer 30

powers neither delegated to the federal government nor denied to the states are reserved for the states

Question 31

14th amendment

Answer 31

passed after the civil war in whcih no state shall deprive any person of life, liberty, or property, without due process of law

Question 32

who is the interpreter of the cont. giving meaning to cont rights and boundries

Answer 32

supreme court

Question 33

symbolic speech

Answer 33

nonverbal expressions of beleifs (gestures, movements, clothing) that is given protection by the courts

Question 34

restrictions on freedom of speech

Answer 34

expressions are subject to restricts as its the govt job to protect citizens while also giving them the right to exercise

Question 35

content neutral laws

Answer 35

Laws that are rules about the time, manner, and place but not the content of speech said. (more accepted as it doesnt limit what message ur trying to convey just when and where)

Question 36

laws that do restrict the content of speech

Answer 36

they must have a rlly important reason as to why they are restricted and written to adress only that reason.

Question 37

constitutionality test

Answer 37

states that the govt needs a strong reason to pass a law that limits basic rights such as free speech

Question 38

corporate political speech

Answer 38

Political speech from corporations also now falls within the protection of the first amendment bc before it was restricted which violated the right of corporations to freedom of speech

Question 39

Citizens united v Federal Election Commision

Answer 39

the Supreme Court overturned a previous ruling on campaign financing. The case involved a nonprofit group, Citizens United, which produced a film of Hillary Clinton. Campaign-finance laws prevented them from releasing the film. The Court decided that these restrictions were unconstitutional, stating that the First Amendment protects corporations' rights to make independent political expenditures.

Question 40

Commercial speech

Answer 40

Courts give protection to commercial speech, which consists of comm such as advertising and marketing mad ebay businesses that involve commercial interests

Question 41

Valid restricts on commercial speech

Answer 41

1-seeks to implement a substantial government interest- (ex protecting ppl) 2-directly advances that interest (it helps achieve their goal of protecting ppl) 3-goes no further than necessary to accomplish its objective. (not more restrictive than necessary)

Question 42

cafe erotica

Answer 42

Nude dancing business that wanted to put a nude person for their billboard however this commercial speech was not declared unconstitutional as the state has a good reason to preserve highway beautification

Question 43

unprotected speech

Answer 43

types of speech will not be given protection under the first amendment (speech that hard rep of another, speech that violates laws such as obscene or threatening speech)

Question 44

1st amend -freedom of religion

Answer 44

Govt cannot establish a religion nationwide or prohibit the exercise of religious practices (establishment clause and free exercise clause)

Question 45

establishment clause

Answer 45

prohibits the govt from establishing a state sponsored religion or from promoting one religioon over another

Question 46

applicable standard

Answer 46

Issues arise from the establishment clause such as the legality of allowing in-school prayers, vouchers to pay tuition at religious schools, or the reaching of certain theories

Question 47

free exercise clause

Answer 47

Clause- guarantees that people can hold any religious beliefs they want or no beliefs applies to governments, not private employers, but employers may still need to accommodate religious beliefs.

Question 48

muslim guy case

Answer 48

A muslim guy in prison requested to grow his beard half and inch due to his beliefs however he was turned down due to safety procedures. The decision was that the deps. Policy violated his right to exercise his religious beliefs.The court found the policy substantially burdened Holt's religious practice.

Question 49

what is due process

Answer 49

Guarantees that no person should be deprived of life, liberty, or property without due process

Question 50

where can due process be found

Answer 50

5th and 14th amend

Question 51

2 parts of due process

Answer 51

-procedureal -substansive

Question 52

procedural due process

Answer 52

requires that any govt decision to take life, liberty, or property must be made fairly. Must be given a property notice and opportunity to be heard Govt also must use fair procedures in determining whether indv will be subjected to burden or punishment

Question 53

substansive due process

Answer 53

Focuses on the content of the legislation instead of the fairness of procedures. The legislation itself must be fair and reasonable. Laws that limit fundamental rights (like free speech, privacy, and voting) must promote a compelling state interest

Question 54

case doyle from kansas

Answer 54

A nurse took a pic w placenta but then deleted but it ended up on FB, the director of the program expelled her without talking or anything. Doyle sues and wins bc it violated doyles due process rights bc they didn't give her an opportunity to present her side

Question 55

equal protection clause

Answer 55

requires state governments to treat similarly situated individuals in a similar manner.

Question 56

the diff levels of scrutiny

Answer 56

-strict -intermediate -rational

Question 57

strict scrutiny

Answer 57

If a law prohibits/inhibits some persons from exercising a fundamental right, classifications based on a suspect trait—such as race, national origin, or citizenship status

Question 58

Intermediate scrutiny

Answer 58

Applied to cases involving discrimination based on gender or legitimacy

Question 59

Rational basis test

Answer 59

In matters of economic /social welfare, a classification will be valid if there is any conceivable “rational basis” on which the classification might relate to a legitimate government interest.

Question 60

Privacy rights

Answer 60

In Olmstead v. United States (1928), Justice Brandeis argued for a right to privacy, but the majority disagreed. In Griswold v. Connecticut (1965), the Supreme Court ruled that privacy rights are implied by the First, Third, Fourth, Fifth, and Ninth Amendments.