Business Law Chapter 5
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Created by:
KidneySocks on February 5, 2012
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38 terms
Terms | Definitions |
|---|---|
 framers | the Founding Fathers, who wanted the Constitution of 1787 to last for centuries |
| Federalists | like Alexander Hamilton, wanted a strong central government that would be able to tax and spend, regulate commerce, control the borders, and do all things that national governments routinely do. |
| Anti-federalists | like Patrick Henry, feared a powerful central government, insisting that states retain maximum authority, keeping political control closer to home |
| separation of powers | national government is divided into three powers, each independent and equal |
| federalism | the national government is limited to what is listed in Article 1, Section 8. |
| Bill of Rights | added 1791, guaranteed many liberties directly to individual citizens |
| commerce clause | gives congress the power to regulate commerce with foreign nations and among states: "The Congress shall have power to regulate commerce with foreign nations, and among the several states." |
| interstate commerce | exclusive power; only the federal government may regulate international commerce; the federal government must speak with only one voice when regulating commercial relations with foreign governments |
| domestic commerce | concurrent power; both Congress and the states may regulate it. Congress may regulate interstate commerce, but the power of the states to regulate interstate commerce is restricted. |
| United States v. Lopez | Congress had exceeded its power under the Commerce Clause. |
| Supremacy Clause | makes the Constitution, and federal statutes and treaties, the supreme law of the land. |
| enforce the nation's laws | Basic job of president |
| appointment, legislation, foreign policy | jobs of the executive branch |
| marbury v. madison | 1803, established judicial review. |
| adjudicating, judicial review | jobs of the judicial branch |
| judicial activism | a court's willingness to be involved in major issues |
| judicial restraint | a court's attitude that it should leave lawmaking to legislators |
| governmental | Constitutional rights generally protect only against _____________ acts; not from private parties, such as corporations or other citizens. |
| incorporation | extending the important constitutional protections to all levels of national, state, and local government; rights explicitly guaranteed at one level are incorporated into rights that apply at other levels. |
| first amendment | Free speech |
| political speech | is protected unless it is intended and likely to create imminent lawless action |
| time, place, manner | government may regulate the ____, ______, and ______ of political speech |
| madsen v. Womens Health Center | Court ruled against anti-abortion protestors who blocked access to the clinic, harassed patients and doctors, and paraded with signs and bullhorns. |
| Miller v. California | created a three-part test to determine if a creative work is obscene: (1) average person rule, (2) if it depicts or describes sexual conduct, (3) if the work lacks literary, artistic, political, or scientific value. |
| commercial speech | communication, such as advertisements, that has the dominant theme of proposing a business transaction; government may regulate it provided that the rules are reasonable and directed towards a legitimate goal. |
| fifth amendment | due process and the takings clause |
| procedural due process | ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action |
| attach | bars the defendant from selling a property until the case is decided |
| ward v. monroeville | plaintiff was stopped for traffic offenses in a small town. Sued for innocence, but the judge in the hearing was the worn mayor, not neutral. Plaintiff argued that he was deprived of procedural due process and the Supreme Court agreed, reversing the decision. |
| takings clause | ensures that when any governmental unit takes private property for public use, it must compensate the owner |
| eminent domain | the power of the government to take private property for public use |
| substantive due process | Holds that certain rights are so fundamental that the government may not eliminate them. |
| fundamental rights | so basic that any governmental interference with them is suspect and likely to be unconstitutional. |
| fourteenth amendment | Equal Protection clause |
| equal protections clause | generally requires the government to treat people equally |
| minimal scrutiny | economic and social relations; government actions that classify people or corporations on these bases are almost always upheld |
| immediate scrutiny | gender; government classifications are sometimes upheld. |
| strict scrutiny | race, ethnicity, and fundamental rights; classifications based on any of these are almost never upheld |
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