BUSFIN 3500 Lecture 1: 1. Constitutional Law
7 Feb 2017
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Preemption: if feds can regulate, states are barred. Framework: branches of government i. ii. iii. iv. Make appointments to executive branch, ambassadorships, commissions, judgeships. Decisions become binding and serve as precedent (an example or guide) Courts can declare federal or state actions to violate the. Enumerated powers (written out) - congress can legislate i. Implied powers - congress can legislate b. c. Necessary and proper clause - law advances legislative goal within the scope of the constitution. Religion, free speech and press, peaceful assemble and petition of government. Secure against unreasonable searches and seizures; need probable cause and warrant. Double jeopardy, don"t need to witness against self, due process of law, can"t take private property without just compensation. Speedy and public trial, jury, in district of crime, informed of accusation, obtain witnesses, assistance of counsel for defense. $ > 20 requires trial by jury, no fact tried by jury can be re- examined in any court.
