BALW 20150 Chapter 4: Chapter 4 Summary

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7 Feb 2017
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Chapter 4: Business and the Constitution p.74-94
The Constitutional Powers of Government
States adopted the Articles of Confederation after the
Revolution War
Confederal form of governmentform of government created
by the articles in which states had the authority to govern
themselves and the national government could exercise only
limited powers
Federal form of governmentend result of the compromise of
delegates in which the national government and the states share
sovereign power
Constitution sets forth specific powers that can be exercised
by the national government
Enumerated powersnational government has the implied
power to undertake actions necessary to carry out its
expressly designated power
All other powers “reserved” to states under 10th Amendment
State sovereignty (independence)state government have the
authority to regulate affairs within their borders
Police powers (state regulatory powers)enforcement of
criminal laws and regulation of private activities to protect or
promote the public order, health, safety, morals, and general
welfare
Local governments also exercise police powers
Relations among the states
Privileges and immunities clauseprevents a state from
imposing unreasonable burdens on citizens of another state
particularly with regard to means of livelihood or doing
business
o The foreign state must have a substantial reason for
treating the nonresident differently from its own
residents and must establish that its reason for
discrimination is substantially related to the state’s
ultimate purpose in adopting the legislation or
regulating the activity
Full faith and creditapplies to only civil matters, ensures
that the rights established under deeds, wills, contract, and
similar instruments in one state will be honored by other
states
Separation of Powers
Legislative branch makes the laws, executive branch enforces
the laws, judicial branch interprets the laws
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Checks and balancesallows each branch to limit the actions
of the other two branches, preventing any one branch from
exercising too much power
o Legislative branch can enact a lawexecutive branch
can veto that law
o Executive branch is responsible for foreign affairs
treaties with foreign governments require advice and
consent of senate
o Congress determines jurisdiction of federal courts
president appoints federal judges with consent of
senate
Commerce clauseConstitution expressly delegated the power to
regulate interstate commerce to the national government
Natl gov can always regulate interstate commerce (between
states)
Can only regulate intrastate commerce (within states) if the
commerce substantially affected commerce involving more
than one state
Positive aspect of commerce clauseSC has interpreted the
commerce clause to mean the national government has the
exclusive authority to regulate commerce
Negative aspect (“dormant” commerce clause)—states do not
have the authority to regulate interstate commerce
Supremacy clauseprovides that the Constitution, laws, and treaties
of the US are “the supreme Law of the Land
When there is a direct conflict between a federal law and a
state law, the state law is rendered invalid
Preemptionoccurs when Congress chooses to act exclusively
in an area in which the federal government and the states
have concurrent (shared by the federal government and the
states) powers, doctrine under which federal laws take
precedence over conflicting state or local laws
The taxing and spending powers
The US Constitution provides that Congress has the “Power to
law and collect Taxes, Duties, Imposts, and Excises”
Also gives Congress its spending power—the power “to pay
the Debts and provide for the common Defense and general
Welfare of the US”
The Bill of Rightsten amendments submitted by the first Congress of
the US and adopted, embody a series of protections for the individual
against various types of interference by the federal government
14th Amendment—“no state shall…deprive any person of life,
liberty, or property, without due process of law”
Freedom of Speech
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