Chapter 4 Flashcards
The federal government uses what authority to regulate interstate and international commerce?
Commerce Clause
What term is used for the system that separates powers between the federal government and the state government, while limiting state power?
Federalism
What clause is the Constitution establishes that constitutional acts by the federal government preempt conflicting state actions?
Supremacy Clause
What clause in the constitution offers the most extensive protection to businesses?
The due process of the Fifth amendment
Which amendment applies the bill of right to the states?
Ninth amendment
Is corporate political speech protected by the first amendment?
Yes, any speech in support of a political agenda.
What are two types of due process?
1.Substantive due process
2. Procedural due process
What does the business have to do if they want to seize the property of a business?
They must pay the owner just compensation for the property.
Name 4 ways Congress uses the commerce clause to regulate business today?
- Regulations of the channels of interstate
- Regulations of the intrumentalities of interstate commerce
- Regulations of intangibles and tangibles that cross state lines
- Regulations of activities that are deemed to have a substantial impact on interstate commerce
What clause establishes the superior authority of federal legislation where congress has authority to act?
Supremacy Clause
Definition of police power
Refers to the residual powers granted to each state to safeguard the welfare of their inhabitants
When there is a conflict between the congressional authority to regulate interstate commerce and state authority, courts tried to resolve these conflicts with reference of…
Police power
The main source of authority for the federal regulation of interstate and international commerce is the ….
Commerce clause
When a law is not in the Constitution, the state has power over the law, known as ….
Police power
