BALW 20150 Lecture 4: Lecture 2/2/17

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7 Feb 2017
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BLAW Class Notes 2/7/2017 6:07:00 PM
2/2/17
State and Local Government Regulation of Business—State “Police
Power”
States may enact laws that protect or promote the public
health, safety, morals, and general welfare as long as the law
does not unduly burden interstate commerce.
o Health and Safety
o But, if too great of a burden, invalid
The Bill of Rights and Business
The Bill of Rights provides certain freedoms and protections to
individuals and businesses
Protected Rights Analysis
In determining whether a law violates a protected right,
courts look at:
o Nature of the government interest (how significant is
it?)
o Effectiveness of the law in achieving that interest
o Is the law no broader than necessary
Freedom of Religion the U.S. Constitution requires federal, state, and
local governments to be neutral toward religion.
The Establishment Clause a clause to the First Amendment
that prohibits the government from either establishing a state
religion or promoting one religion over another.
The Free Exercise Clause a clause to the First Amendment
that prohibits the government from interfering with the free
exercise of religion.
The Fifth Amendment
The right against self-incrimination
o Production of evidence is not incrimination
o Does not apply to Corporations
The Fourth Amendment
Protection from unreasonable searches and seizures
o Probable cause
o Warrant
o Specificity
Exceptions
Applies differently to business
o Inspection versus Search
o Heavily regulated businesses
The Equal Protection Clause
Provides that a state cannot “deny to any person within its
jurisdiction the equal protection of the laws
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