Constitutional Regulation of Business Flashcards
(24 cards)
Overview of Federal System
National and state governments coexist.
States have power to protect general welfare of citizens.
Federal government has limited power to regulate individuals and businesses.
What are Enumerated Powers
Enumerated powers, also known as delegated powers, are the specific powers granted to the federal government by the United States Constitution
Powers given to 3 Branches of govt
Every Act of the federal government must be authorized by specific enumerated powers.
Enumerated Powers
Article I - Congressional Powers
Limited power to pass legislation that impacts business owners.
Article II – Executive Powers
President chief executive.
Article III - Judicial Power
Federal judiciary has right to decide specific cases and controversies.
Judicial Review
Federal courts have the right to invalidate state or federal laws that are inconsistent with the U.S. Constitution.
What is Separation of Powers
Checks and balances
No branch has too much power.
Examples:-
President can veto legislation.
Legislature can override veto.
Judicial can invalidate a law as unconstitutional.
Can Congress Amend Title VII to remove sexual orientation after Bostock?
While it is technically possible for Congress to amend Title VII to remove protections for sexual orientation, such an action would likely face significant legal and political challenges. It’s important to note that any changes to federal law would need to be passed by both houses of Congress and signed into law by the President
What is the Bill of rights
The Bill of Rights is the name given to the first 10 amendments to the U.S. Constitution
What is the exceoption for 10th Amendment ?
Note: 10th Amendment gives states the rights and powers “not delegated to the United States.”
ncludes passing laws protecting health safety and welfare
Vaccine mandates
Bill of rights
First Amendment: Freedom of religion, speech, press, assembly, and petition.
Second Amendment: Right to bear arms
Third Amendment: Protection from quartering of troops.
Fourth Amendment: Protection from unreasonable searches and seizures.
Fifth Amendment: Protection of rights to life, liberty, and property.
Sixth Amendment: Right to a fair trial.
Seventh Amendment: Right to a trial by jury.
Eighth Amendment: Protection against cruel and unusual punishment.
Ninth Amendment: Protection of rights not specifically enumerated in the Constitution.
Tenth Amendment: Powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Important Constitutional Rights
Free Speech
Free Exercise of Religion
Right to Bear Arms
No unreasonable searches and seizures
What is Judicial Review ?
Federal courts can review legislation to make sure it is not unconstitutional.
This makes the federal judiciary a watchdog over the government.
how did Judicial Review affect 303 Creative LLC v. Elenis ?
The case of 303 Creative LLC v. Elenis is a significant example of judicial review in action. In this case, the U.S. Supreme Court ruled in favor of a web designer who did not want to service same-sex couples because she believed it infringed on her First Amendment rights
What is The Countermajoritarian Difficulty
The Countermajoritarian Difficulty refers to the issue when courts, which are not elected by the majority, overrule laws created by elected representatives. This is seen as a problem because it allows unelected judges to undermine the will of the majority.
Example of The Countermajoritarian Difficulty
A notable example of the Countermajoritarian Difficulty is seen in cases involving “implied fundamental rights,” such as the right to privacy. This was at issue in landmark cases like Griswold v. Connecticut and Roe v. Wade
What is the 14th Amendment ?
Fourteenth Amendment states that states may not “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
First part is Due Process clause
Second part is Equal Protection clause
Two of the most important provisions in the United States Constitution.
What is Due process ?
The Due Process Clause is like a rule in the U.S. Constitution that says the government can’t take away a person’s life, freedom, or things they own without following certain steps. These steps are there to make sure everything is fair and just. It’s like a safety net that makes sure the government treats everyone fairly and doesn’t misuse its power.
what is Substantive Due Process
Substantive Due Process is like a rule that says the U.S. Constitution protects some very important rights, even if they’re not specifically mentioned in the Constitution. These rights are so important that the government can’t interfere with them unless there’s a really good reason.
Mandatory Covid-19 Vaccination
Historically, the U.S. Supreme Court has held that mandatory vaccination laws do not violate due process. This was established over a century ago in a case called Jacobson v. Commonwealth of Massachusetts, where the court upheld a mandatory smallpox vaccination law.
What are Congressional Powers
Congress must pass legislation under an enumerated power.
The powers that generally impact business owners:
(1) the power to regulate commerce
(2) taxing the citizenry and commercial entities and spending government funds (tax and spend provisions)
(3) bankruptcy, patents, and copyrights
BREAK
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What is Supremacy Clause
If there is a conflict between federal and state law, federal law takes precedence.
For example, if a state passes a law that contradicts a federal law, the federal law will be enforced instead.
Does Federal Government or State Governments have right to regulate marijuana?
In the case of marijuana regulation, this means that while states may legalize marijuana, it remains illegal under federal law.
What is Preemption Clause ?
The Preemption Clause is a provision in the United States Constitution that establishes the authority of federal law over state law.
Preemption occurs when there is a conflict between federal and state law, and federal law takes precedence over state law
Nebraska and Oklahoma suit against Colorado.
The lawsuit was brought by attorneys general in Nebraska and Oklahoma, and asked the United States Supreme Court to strike down key parts of a 2012 voter-approved measure that legalized marijuana in Colorado for adult use and created a new system of stores, taxes and regulations surrounding retail marijuana
In June 2016, the United States Supreme Court declined to hear the case, effectively ending the lawsuit
What is the commerce clause
What it does: It serves as the basis for much federal regulation over the U.S. economy. It allows Congress to regulate any activity that affects interstate commerce.
Limitations on states: The Commerce Clause restricts states from passing laws that interfere with or discriminate against interstate commerce. This is often referred to as the “Dormant” Commerce Clause.
Impact on foreign and interstate trade: The Commerce Clause gives Congress authority to regulate commerce and at the same time, restricts states’ powers to regulate commerce.
In essence, the Commerce Clause helps maintain a free flow of interstate commerce and limits individual states from imposing restrictions on business and trade.
